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UK Supreme Court Rules in Favor of Bioinformatics
In a case of first impression, the UK Supreme Court held that the requirement of “Industrial Application” was met for a bioinformatics patent claiming the encoding nucleotide and amino acid sequences of the novel human protein Neutrokine-a, overturning the rulings … Continue reading
European Union Denies Patent Protection for Neural Precursor Cells and Their Production from Embryonic Stem Cells
In a landmark decision, the European Union (EU) Court of Justice has determined that EU patent law does not protect neural precursor cells and the processes for their production from embryonic stem cells. Brüstle v. Greenpeace e.V., Case C-34/10 ECJ … Continue reading
Prioritize Examination Of Your Patent Application
Until now, there were very few options for expediting or accelerating examination of a patent application and some of the available processes were undesirable from a potential litigation standpoint due to the obligations relating to disclosure of prior art. However, … Continue reading
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America Invents Act (H.R. 1249) Signed Into Law
H.R. 1249 was signed by the President on September 16, 2011. Legislative information may be found at http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_112_1.htm The USPTO’s page directed to implementation is found at http://www.uspto.gov/patents/init_events/aia_implementation.jsp
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Patent Reform (H.R. 1249) Passed by Senate
H.R. 1249 was passed by the US Senate by a vote of 89-9 on September 8, 2011. The bill awaits signature by the President. Legislative information may be found at http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_112_1.htm The USPTO’s page directed to implementation is found at … Continue reading
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New .XXX Domain Impacts all Businesses; September 7 – October 28 Filing Window
So your business has no interest in registering with the .XXX domain? Think again. There is a window in which you may register your trademark to prevent others from registering it on the .XXX domain. .XXX (known as “dot triple-X”) … Continue reading
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Senate to Vote to Close Debate on Leahy-Smith America Invents Act (AIA), H.R. 1249, in September
Sen. Harry Reid has filed for cloture on the motion to proceed with House Resolution 1249. (passed by the House of Representatives on June 23, 2011). The Senate will vote on cloture, limiting the time for debate on H.R. 1249, following its return … Continue reading
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Federal Circuit Finds “Isolated” DNA Sequences Patent-Eligible Subject Matter; “Analyzing” or “Comparing” Method Steps Lacking Patent-Eligible Subject Matter
In AMP v. Myriad Genetics (Federal Circuit, July 29, 2011), the Federal Circuit addressed whether two types of claimed subject matter are patentable subject matter under 35 USC § 101. More particularly, the issues were whether composition claims drawn to “isolated” … Continue reading
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USPTO Expands First Action Interview Pilot Program
In the June 7, 2011 Official Gazette, the US Patent and Trademark Office (USPTO) released the details regarding the “Full First Action Interview Pilot Program”. In summary, the USPTO expanded the “Enhanced First Action Interview Pilot Program” to all utility … Continue reading
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Eastern District of Pennsylvania Ruling Qui Tam Provision of Patent False Marking Statute Unconstitutional
In Rogers v. Tristar Products, Inc., Judge Robreno ruled June 2, 2011, that the qui tam provision of the False Marking Statute (35 U.S.C. s 292) violates the Take Care Clause of Article II of the United States Constitution. The … Continue reading
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