In light of the decision by the Federal Circuit in Amgen v. Sanofi, the USPTO issued a two-page Memorandum to the Patent Examining Corps “to clarify the applicability of USPTO guidance regarding the written description requirement of 35 U.S.C. §112(a)” as it applies to antibodies.Read More
Several products approved for marketing as drugs in the US are administered using a device (a drug-device combination product). Companies that own such products often file at least one U.S. patent to protect the device. In addition to obtaining patent protection for the device, a company may also wish to list the device patent in the U.S. Food and Drug Administration’s (FDA) “Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations” (Orange Book). Listing a patent in the Orange Book patent provides certain benefits to the owner of a drug product. Although the eligibility of drug delivery device patents for listing in the Orange Book for drug products is unclear, this blog provides some suggestions to strengthen eligibility for listing.Read More
The Texas Supreme Court ruled in In re Andrew Silver that client-patent agent communications are protected by attorney-client privilege, stating that patent agents fall within the definition of “lawyer” according to Texas law because patent agents are authorized to practice law before the USPTO.
Author: Minxi Rao, Ph.D., Cynthia M. Bouchez, Ph.D.
On January 18, 2018, the European Patent Office (EPO) revoked European Patent No. 2,771,468 (“the ‘468 patent”), one of the original CRISPR patents. The ‘468 patent was ultimately revoked by the European Patent Office because the Broad Institute could not establish a right of priority to their earliest U.S. Applications.Read More