Tag Archives: intellectual property

ANOTHER “HAIL MARY” CLAIM BITES THE DUST

In my post of April 22, 2009, I spent quite a lot of time discussing why “mechanism of action” claims may issue but, like the “Hail Mary” pass in football, remain vulnerable to invalidation as inherently anticipated by the prior … Continue reading

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BACK TO THE O.K. CORRAL – SHOULD PROFESSORS MANAGE IP LICENSING?

Last summer, Bob Litan and Lesa Mitchell of the Kauffman Foundation sent a short memo to Esther Lee at the Dept. of Commerce entitled “Accelerating the Commercialization of Government-Funded University-Based Research.” Although the Foundation, based in Kansas City MO, has … Continue reading

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Give A Little, Get A Little: New PTO Program Aims to Speed Examination

On November 27, 2009, the USPTO published the “Patent Application Reduction Stimulus Plan” (74 Fed. Reg. 62285) (a PDF is found at the end of this posting). Briefly, a procedure has been established whereby a small entity applicant can have … Continue reading

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POST FROM AUSTRALIA – NON-ENGLISH LANGUAGE PUBLICATIONS MAY NOT BE CITABLE ART.

By Bill Bennett, Pizzeys, Canberra, AU A unique aspect of Australian Patent Law is the requirement that a reference must be “reasonably ascertained, understood and regarded as relevant” by the hypothetical skilled person before it can be applied in an … Continue reading

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