In July 2016, the USPTO launched the Cancer Immunotherapy Pilot Program to provide a fast-track review for cancer immunotherapy-related patent applications without the need for applicants to pay a petition fee. Under this program, patent applications pertaining to cancer immunotherapy
WinTech
Legal Insight for Start-Up and Established Technology Businesses
WinTech, published by Winstead PC, focuses on legal issues relevant to emerging-growth companies, startups, and venture capital transactions. The blog covers intellectual property strategies, due diligence for funding, corporate compliance, and risk management. It also addresses topics related to real estate development, data centers, digital infrastructure, and insurance recovery. Additionally, WinTech discusses regulatory updates such as the Corporate Transparency Act and provides insights into project finance, energy law, and healthcare technology innovation. The content includes webinars and firm news highlighting collaborations and legal support for entrepreneurs and investors in various industries.
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Is Final really Final? Alternative Patent Prosecution Routes after a Final Office Action
By Winstead
The prosecution of a patent application before the U.S. Patent and Trademark Office (USPTO) can be a prolonged and costly process. The patent prosecution process can include the issuance of an Office Action by the USPTO and the subsequent filing…
Patent Law: Making On-Sale Bar Jurisprudence Coherent
By Winstead
“Rather than rest our decision on formalities, our focus is on what makes our on-sale bar jurisprudence coherent: preventing inventors from filing for patents a year or more after the invention has been commercially marketed, whether marketed by the inventor…
Unitary Patents, the Unified Patent Court, Opt-Out Timing, Pros and Cons
By Winstead
Regardless of the June 23, 2016 vote on Brexit, all owners of European patents, and all applicants seeking patents in Europe, will have both new options, and a new set of important decisions to make. Most commentators anticipate that the…
Functional Features in Design Patents
By Winstead
The treatment of functional features in design patents was discussed in the recent Federal Circuit case for Sport Dimension, Inc. v. The Coleman Company, Inc., Case No. 15-1553 (Fed. Cir. 2016). The Court rejected the district court’s claim construction, which…
Sequenom v. Ariosa Diagnostics: A Supreme Court Petition that Requests Clarification on the Patent Eligibility of Diagnostic Methods
By Winstead
Under the Patent Act, one can patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”[1] Common exceptions to what can be patented include laws of nature, natural phenomena, and…
Virtual Patent Marking
By Winstead
Patent Marking
Under the patent marking statute, 35 U.S.C. § 287(a), notice can be actual, or constructive notice. Actual notice occurs when the alleged infringer is directly informed that its product infringes the patent. Constructive notice can be achieved by…
Patent Issues Arising from Consulting Agreements (TriReme Med., LLC v. Angioscore, Inc., No. 15-1504 (Fed. Cir. 2016))
By Winstead
In a recent dispute between two medical device companies, a consultant’s alleged contributions to Angioscore patents became a central issue (TriReme Med., LLC v. Angioscore, Inc., No. 15-1504 (Fed. Cir. 2016)). The dispute underscores several patent issues that can arise…
Still Alice: Not all software patents are being invalidated under Alice Corp. v. CLS Bank Int’l
By Winstead
On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice)[1]. In Alice, the Court held that several patents that pertained to a computerized platform for eliminating risk in…
Two Hundred and Twenty Fifth Anniversary of U.S. Patent X000001
By Winstead
U.S. Patent X000001 was granted on July 31, 1790 to Samuel Hopkins. The original document went missing for many years, only resurfacing in 1956.
The inventor named is Samuel Hopkins, but which Samuel Hopkins was much in dispute until fairly…