Author Archives: Warren Woessner

Novartis v. Breckenridge: Obviousness-Type Double Patenting Explained

Without trying to summarize this well-written opinion by Judge Chen, I simply recommend that you store it somewhere and pull it out when you have a tricky obviousness-type double-patenting situation and want a thorough review of the doctrine. The opinion … Continue reading

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IP Update – Canada | New Patent Rules released: 12 Notable Changes & Tips

Guest Post from David Schwartz and Jeff Leuschner of  Smart & Biggar. On December 1, 2018, the Canadian government released its proposed new Patent Rules in the Canada Gazette, Part I. This is one of the last steps necessary for implementing significant changes … Continue reading

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Life Science Patenting to Iancu – “We need help too!”

In his remarks presented at the recent 10th Annual Patent Law & Policy Conference at Georgetown University Law School, USPTO Director Andrei Iancu outlined the analytical framework for the new, eagerly awaited, PTO Guidance on patent eligible subject matter. Although … Continue reading

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Kumar v. Iancu – The Dangers of an Overstuffed Preamble/Note on 37 CFR Part 4.

On November 7, 2018, the Fed. Cir. issued a summary affirmance of the PTAB’s interference decision of September 6, 2016, in Kumar v. Sung (Patent Interference 14/322,039) which found that the claims of U.S. Pat. No. 8,541,422 were obvious over … Continue reading

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