WIPO Patent Drafting Manual 867E-STL-INT 2010 867E-STL-PDM 02.11.10 11:17 Page2
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"Enlarged" Concept of Novelty: Initial Study
December 2, 2004 DRAFT “ENLARGED ” CONCEPT OF NOVELTY : INITIAL STUDY CON CERNING NOVELTY AND THE PRIOR ART EF FECT OF CERTAIN APPL ICATIONS UNDER DRAFT ARTICLE 8(2) OF THE SPLT prepared by the International Bureau I. SUMMARY 1. The present initial study is submitted upon request of the Standing Committee on the Law of Patents (SCP) at its tenth session, held in Geneva from May 10 to 14, 2004, in order to provide a basis for discussion concerning a possible new novelty concept applicable to th e prior art effect of unpublished earlier applications under Article 8(2) of the draft Substantive Patent Law Treaty (SPLT). The study aims at providing broad background information and at facilitating further substantive discussion in the SCP, and thus addresses not only national and regional laws and practices regarding the prior art effect of earlier applications, but also the policy objectives underlying these different practices. 2. The divergences among national laws and practices in resp ect of the prior art effect of unpublished earlier applications seem to reflect different principles and objectives underlying the prevention of double patenting. Examining a number of national and regional laws and practices, it appears that those differ ent practices correspond mainly to one or more of the following three models: (i) Strict novelty: if a claimed invention is explicitly or inherently disclosed in an earlier application, the earlier application defeats the patentability of the claimed in vention; (ii) Broader novelty: even if the claimed invention is not fully disclosed (explicitly or inherently) in the earlier application, the earlier application defeats the patentability of the claimed invention if the differences between the two are minor (for example, a replacement with a well -known equivalent element); (iii) Novelty and inventive step (non-obviousness): the earlier application defeats the patentability of the claimed invention if the latter lacks either novelty or inventive step (non-obviousness) compared to the earlier application. -
Public Health and Intellectual Property Management: the Challenges on Access to Medicines
Public Health and Intellectual Property management: the challenges on access to medicines Dr. Inthira Yamabhai 1 | Public health, innovation and intellectual property Overview Intellectual property (IP) and implications on access to medicine – Trade Related Aspect of Intellectual Property Rights (TRIPS) – TRIPS+ through trade agreements Sources of information 2 | Different forms of IP Trademark: name under which product is marketed Patent: compound, crystalline forms, process, method of use, etc Protection of undisclosed data: clinical test data Copyright: package insert Design protection: packaging 3 | Patents There is nothing such as a worldwide patent! WIPO Patent Cooperation Treaty allows for worldwide filing, but applicant receives a bundle of national patents; same principle under European Patent Convention WTO TRIPS sets certain minimum standards: – Term: 20 years from filing data – Mandatory for all fields of technology – Criteria: novelty, inventive step, industrial applicability – Flexibilities: e.g. parallel importation and compulsory licensing 4 | One drug = one patent??? "…a key element of life cycle management strategies is to extent patent protection for as long as possible by filing secondary patents to keep generics off the market" (Burdon and Sloper 2003) Sofosbuvir: Expiry without patent term extension(s) • Broad compound patent (Markush) Market 2024 • WO2005003147A2 Authorization US: 2013/14 • Compound patent on prodrug • WO2008121634A2 2028 www.who.int/phi/impl ementation/ip_trade/ip • Crystalline forms _patent_landscapes/e -
Inter Partes Re-Examination: a Low Cost Alternative to Litigation in The
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Inter partes Re-examination: a Low Cost Alternative to Litigation in the US and Prosecution Strategies in View of the Historically Low Allowance Rate at the by USPTO Anthony C. Tridico, and Carlos M. Téllez Los Lunes de Patentes, Madrid, 30 November 2009 Disclaimer • These materials are public information and have been prepared solely for educational and entertainment purposes to contribute to the understanding of U.S. intellectual property law. These materials reflect only the personal views of the panelists, are not individualized legal advice, and do not reflect the views of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. It is understood that each case is fact-specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., and the panelists cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., and the panelists. While every attempt was made to insure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed. 22 Outline • Re-exam as a low cost alternative to Litigation in the U.S. • Obviousness and KSR as major factors in rejection of applications • Strategies for dealing with KSR in various types of applications • General prosecution tips – If there is time – tips for avoiding inequitable conduct… 33 Monitoring and Detective Work • Time and money is spent monitoring your competitors. -
2015 Home Staging Catalog
2015 HOME STAGING CATALOG 888.AFR.RENT | WWW.RENTFURNITURE.COM | SINCE 1975 SOFAS 1 2 3 4 5 6 7 8 9 10 11 12 1 ANEW ARMLESS SOFA 7 JACKSON SOFA 76”L x 32”D x 35”H 92”W x 40”D x 36”H 2 BURNISH SOFA 8 LUCKY STAR SOFA 90”L x 40”D x 40”H 91”L x 40”D x 41”H 3 COLE SOFA 9 LUMINOUS SOFA 76”L x 34”D x 33.5”H 83”L x 35”D x 33”H 4 EMMANUEL COBBLESTONE SOFA 10 MARSELLE SOFA 83”L X 35”D X 33”H 85”L x 34”D x 30”H 5 GRACELAND SOFA 11 OMEGA SOFA 80”L x 35”D x 33”H 75”L x 35”D x 34”H 6 HATHAWAY SOFA 12 OATFIELD SECTIONAL 74.5”L x 33.5”D x 34”H Armless Loveseat - 50”L x 35”D x 38”H Armless Chair - 25”L x 35”D x 38”H LAF Chair - 30”L x 35”D x 38”H RAF Chair - 30”L x 35”D x 38”H Corner - 30”L x 35”D x 38”H 2 TO PLACE AN ORDER, VISIT RENTFURNITURE.COM OR CALL 888.AFR.RENT SOFAS 1 2 3 4 5 6 7 8 9 1 POLO GREY SOFA 7 TORREY SOFA 77”L x 37”D x 34”H 83”L x 34”D x 30.5”H 2 POLO TAN SOFA 8 WHISPER SOFA 77”L x 37”D x 34”H 87”L x 37”D x 35”H 3 ROCKFORD SOFA WITH CHAISE 9 ZARINE SOFA 107”L x 67”D x 35”H 79”L x 36”D x 33”H 4 SAVANNA SOFA 76”L x 35”D x 38”H 5 SAVANNA SOFA WITH CHAISE 80”L x 37”D/61”D x 38”H 6 SEVILLE SOFA 75”L x 35”D x 34”H TO PLACE AN ORDER, VISIT RENTFURNITURE.COM OR CALL 888.AFR.RENT 3 1 SEVILLE SOFA (pg 3) 5 RIVER LOFT END TABLE (pg 33) 2 SEVILLE CHAIR (pg 10) 6 RIVER LOFT SOFA TABLE (pg 33) 3 SEVILLE ACCENT CHAIR (pg 10) 4 RIVER LOFT COCKTAIL TABLE (pg 33) 3 1 5 4 2 1 ZARINE SOFA (pg 3) 2 ZARINE LOVESEAT (pg 5) 3 ZARINE ACCENT CHAIR (pg 11) 4 WALDEN COCKTAIL TABLE (pg 34) 5 WALDEN END TABLE (pg 34) 1 5 4 2 3 LOVESEATS 1 2 3 4 5 6 7 8 9 10 1 EMMANUEL -
Confusing Patent Eligibility
CONFUSING PATENT ELIGIBILITY DAVID 0. TAYLOR* INTRODUCTION ................................................. 158 I. CODIFYING PATENT ELIGIBILITY ....................... 164 A. The FirstPatent Statute ........................... 164 B. The Patent Statute Between 1793 and 1952................... 166 C. The Modern Patent Statute ................ ..... 170 D. Lessons About Eligibility Law ................... 174 II. UNRAVELING PATENT ELIGIBILITY. ........ ............. 178 A. Mayo Collaborative Servs. v. Prometheus Labs............ 178 B. Alice Corp. v. CLS Bank Int'l .......... .......... 184 III. UNDERLYING CONFUSION ........................... 186 A. The Requirements of Patentability.................................. 186 B. Claim Breadth............................ 188 1. The Supreme Court's Underlying Concerns............ 189 2. Existing Statutory Requirements Address the Concerns with Claim Breadth .............. 191 3. The Supreme Court Wrongly Rejected Use of Existing Statutory Requirements to Address Claim Breadth ..................................... 197 4. Even if § 101 Was Needed to Exclude Patenting of Natural Laws and Phenomena, A Simple Statutory Interpretation Would Do So .................... 212 C. Claim Abstractness ........................... 221 1. Problems with the Supreme Court's Test................221 2. Existing Statutory Requirements Address Abstractness, Yet the Supreme Court Has Not Even Addressed Them.............................. 223 IV. LACK OF ADMINISTRABILITY ....................... ....... 227 A. Whether a -
Update on Discovery of Patent Prosecution Communications by Jeffrey Thomas, Anne Brody and Pamela Lee
Portfolio Media. Inc. | 111 West 19th Street, 5th Floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Update On Discovery Of Patent Prosecution Communications By Jeffrey Thomas, Anne Brody and Pamela Lee Law360, New York (June 20, 2017, 5:19 PM EDT) -- In general, communications between an attorney and his client relating to the filing and prosecution of a patent application are privileged. Last year, the Federal Circuit found that such communications between a patent agent and his client are also privileged.[1] But under the joint attorney-client privilege or the common interest doctrine, communications between attorneys and two or more clients may not be privileged in a later dispute between these clients. This article discusses the challenges that courts and companies continue to face in determining whether a party can access these patent prosecution communications in disputes: (1) between two joint owners; (2) between an employer-owner and an employee- inventor; and (3) with respect to a patent agent, in other Circuits and state courts. Jeffrey Thomas Do Joint Owners Share a Joint Attorney-Client Privilege During Patent Prosecution? When a dispute arises between two joint owners, one owner may seek to access the other owner’s communications with the patent attorney relating to the patent prosecution process. In that case, a court would look at a few factors to decide. One factor would be whether the patent prosecution process was handled by only one attorney (e.g., an in-house attorney), or by two attorneys separately representing the two owners. -
Patenting Life in the European Community: the Proposed Directive on the Legal Protection for Biotechnological Inventions
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 4 Volume IV Number 2 Volume IV Book 2 Article 1 1993 Patenting Life in the European Community: The Proposed Directive on the Legal Protection for Biotechnological Inventions Janice McCoy Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Janice McCoy, Patenting Life in the European Community: The Proposed Directive on the Legal Protection for Biotechnological Inventions, 4 Fordham Intell. Prop. Media & Ent. L.J. 501 (1993). Available at: https://ir.lawnet.fordham.edu/iplj/vol4/iss2/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ARTICLES Patenting Life in the European Community: The Proposed Directive on the Legal Protection for Biotechnological Inventions Janice McCoy' INTRODUCTION Technology has once again overtaken the law. Ever since the United States Supreme Court concluded in 1980 that anything un- der the sun that was made by man could be patented,' and especial- ly since the United States Patent and Trademark Office ("USPTO") announced in 1987 that it considered nonnaturally occurring non- human animals to be patentable subject matter,2 legislative bodies in both the United States and the European Economic Community ("EEC") have been debating to what extent living matter should be patentable. -
Patent Law: a Handbook for Congress
Patent Law: A Handbook for Congress September 16, 2020 Congressional Research Service https://crsreports.congress.gov R46525 SUMMARY R46525 Patent Law: A Handbook for Congress September 16, 2020 A patent gives its owner the exclusive right to make, use, import, sell, or offer for sale the invention covered by the patent. The patent system has long been viewed as important to Kevin T. Richards encouraging American innovation by providing an incentive for inventors to create. Without a Legislative Attorney patent system, the reasoning goes, there would be little incentive for invention because anyone could freely copy the inventor’s innovation. Congressional action in recent years has underscored the importance of the patent system, including a major revision to the patent laws in 2011 in the form of the Leahy-Smith America Invents Act. Congress has also demonstrated an interest in patents and pharmaceutical pricing; the types of inventions that may be patented (also referred to as “patentable subject matter”); and the potential impact of patents on a vaccine for COVID-19. As patent law continues to be an area of congressional interest, this report provides background and descriptions of several key patent law doctrines. The report first describes the various parts of a patent, including the specification (which describes the invention) and the claims (which set out the legal boundaries of the patent owner’s exclusive rights). Next, the report provides detail on the basic doctrines governing patentability, enforcement, and patent validity. For patentability, the report details the various requirements that must be met before a patent is allowed to issue. -
The Art of Books Bindings.Lib.Ua.Edu
Publishers’ Bindings Online, 18151930: The Art of Books bindings.lib.ua.edu Sample Lesson Plan: Industrial Revolution Grades K12 * Teachers of elementary students may modify the wording to a level better understood by younger children and omit the discussion questions. * Students in grades 612 should be given up to a week to complete their activity; reporting on their activity will take a second class period. Objectives: • Students will learn about the changes that took place during the Industrial Revolution. • Students will learn how book bindings reflect society. Materials: 1) A computer with an Internet connection and a large screen or other capability to display the teacher’s actions to the entire class. 2) For 612 only: Chalk board or dryerase board and appropriate writing implement. 3) For K5 only: Enough blank paper for each student. 4) For K5 only: Crayons, markers, or colored pencils (either for each student or to share). 5) For K5 only: Corkboard and tacks or other capability to display student artwork (such as spreading it out on a large table or taping it to the wall). Lesson Introduction Media often reflect the society in which they are created, and books are no different. Book bindings produced during the American industrial revolution symbolize and reflect the incredible changes that took place during this era. Historians note that the period from the Civil War’s end until roughly 1920 was marked by a movement toward production of goods by machine rather than by hand, usually in large, intricatelyorganized factories. -
Attorney-Client Privilege and the Patent Prosecution Process in the Post-Spalding World
Washington University Law Review Volume 81 Issue 1 2003 Attorney-Client Privilege and the Patent Prosecution Process in the Post-Spalding World Jonathan G. Musch Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Evidence Commons, Intellectual Property Law Commons, Legal Ethics and Professional Responsibility Commons, and the Legal Profession Commons Recommended Citation Jonathan G. Musch, Attorney-Client Privilege and the Patent Prosecution Process in the Post-Spalding World, 81 WASH. U. L. Q. 175 (2003). Available at: https://openscholarship.wustl.edu/law_lawreview/vol81/iss1/5 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. ATTORNEY-CLIENT PRIVILEGE AND THE PATENT PROSECUTION PROCESS IN THE POST- SPALDING WORLD I. INTRODUCTION One of the oldest traditions of the Anglo-American judicial system is the concept of attorney-client privilege.1 This privilege and its much younger sibling, the work-product doctrine,2 limit the discoverability of private communications between attorney and client.3 Private communications4 between a patent attorney and a client, however, have not always enjoyed this protection.5 Due to a misconception of the role of a patent attorney within the patent prosecution process, courts denied attorney-client privilege first to all patent prosecution documents, and later to documents containing technical information. This effectively denied the privilege to most documents generated during a prosecution.6 More recently, courts afforded certain documents containing technical information protection, but under a patchwork of different standards.7 Frequently, a disagreement existed between different district courts within a circuit,8 as well as among different circuits.9 The exponential technology 1. -
The Dining Room
the Dining Room Celebrate being together in the room that is the heart of what home is about. Create a space that welcomes you and your guest and makes each moment a special occasion. HOOKER® FURNITURE contents 4 47 the 2 Adagio 4 Affinity New! dining room 7 American Life - Roslyn County New! Celebrate being together with dining room furniture from Hooker. Whether it’s a routine meal for two “on the go” 12 American Life - Urban Elevation New! between activities and appointments, or a lingering holiday 15 Arabella feast for a houseful of guests, our dining room collections will 19 Archivist enrich every occasion. 23 Auberose From expandable refectory tables to fliptop tables, we have 28 Bohéme New! a dining solution to meet your needs. From 18th Century European to French Country to Contemporary, our style 32 Chatelet selection is vast and varied. Design details like exquisite 35 Corsica veneer work, shaped fronts, turned legs and planked tops will 39 Curata lift your spirits and impress your guests. 42 Elixir Just as we give careful attention to our design details, we 44 Hill Country also give thought to added function in our dining pieces. Your meal preparation and serving will be easier as you take 50 Leesburg advantage of our wine bottle racks, flatware storage drawers 52 Live Edge and expandable tops. 54 Mélange With our functional and stylish dining room selections, we’ll 56 Pacifica New! help you elevate meal times to memorable experiences. 58 Palisade 64 Sanctuary 61 Rhapsody 72 Sandcastle 76 Skyline 28 79 Solana 82 Sorella 7 83 Studio 7H 86 Sunset Point 90 Transcend 92 Treviso 95 True Vintage 98 Tynecastle 101 Vintage West 104 Wakefield 106 Waverly Place 107 Dining Tables 109 Dining Tables with Added Function 112 Bars & Entertaining 116 Dining Chairs 124 Barstools & Counter Stools 7 132 Index & Additional Information 12 1 ADAGIO For more information on Adagio items, please see index on page 132. -
Patents and the Public Domain: Improving Patent Quality Upon Reexamination
Patents and the Public Domain: Improving Patent Quality Upon Reexamination Prepared by Policy Intern Raeanne Young [email protected] May 2008 ELECTRONIC FRONTIER FOUNDATION eff.org Table of Contents EXECUTIVE SUMMARY ........................................................................................................................3 PATENTS AND THE PUBLIC DOMAIN .....................................................................................................4 The Problem With Patent Quality ..................................................................................................4 Policy Rationale: Encouraging Innovation .......................................................................................4 PATENT REEXAMINATION ...................................................................................................................6 Ex parte and Inter partes .............................................................................................................6 OVERALL REEXAMINATION TRENDS ......................................................................................................8 Ex Parte Reexamination Filing Data: July , 98 - December 3, 2007 ...............................................8 Inter Partes Reexamination Filing Data: November 29, 999 - December 3, 2007 .............................0 Comparison of Ex Parte and Inter Partes ......................................................................................0 PROMOTING FAIRNESS IN THE PATENT SYSTEM THROUGH REEXAMINATION .............................................2