The AccessUSPTO pilot program works with national organizations and the public that do not specifically focus on intellectual property (IP), but whose members include aspiring creators, entrepreneurs, and inventors that could benefit from knowing how to protect their ideas, creations,
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Update on Subject Matter Eligibility in the U.S.
The subject matter eligibility threshold under 35 U.S.C. § 101 continues to stymie efforts at patent enforcement and procurement, particularly in the fields of software and diagnostics. Under § 101, an invention is eligible for a patent if it is…
Update to USPTO Guidance for Determining Obviousness
In 2007, the USPTO published “Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc.”. This was updated in 2010 and now, as of Feb. 27, 2024,…
Prosecution Pointer 414
The USPTO’s Patent and Trademark Resource Centers Program (PTRC) administers a nationwide network of public, state and academic libraries designated as Patent and Trademark Resource Centers authorized by 35 U.S.C. 12 to: disseminate patent and trademark information and support diverse…
Prosecution Pointer 413
The USPTO issued guidance to judicial Boards on holding parties responsible for the misuse of AI in legal proceedings. The guidance clarifies exiwsting rules and policies and discusses how to apply them when AI is used in the drafting of…
Prosecution Pointer 412
The USPTO issued inventorship guidance and examples for AI-assisted inventions. The guidance, which went into effect February 13, 2024, makes clear that AI-assisted inventions are not categorically unpatentable. The guidance provides instructions to examiners and stakeholders on how to determine…
Prosecution Pointer 411
The USPTO published guidelines for ascertaining compliance with the enablement requirement under 35 U.S.C. § 112 (a) during prosecution in view of the May 2023 U.S. Supreme Court decision in Amgen Inc. et al. v. Sanofi et al. The enablement…
Safe Harbor Protection: Acadia Pharms., Inc. v. Aurobindo Pharma Ltd.
In Acadia Pharms., Inc. v. Aurobindo Pharma Ltd., No. 20-985-GBW (D. Del. Dec. 2023), the district court granted Acadia’s motion for summary judgment of no invalidity for obviousness-type double patenting. The asserted patent was not a proper obviousness-type double patenting…