Articles: 1-10 of 110

Patentee’s Success Story in a Hatch-Waxman Litigation Case

USA - January 22 2021 In Tris Pharma, Inc. v. Actavis Labs. FL, Inc., 2020 WL 7028456, at *1 (D. Del. Nov. 30, 2020), the district court for the District of Delaware, on…

Prosecution Pointer 260

USA - January 20 2021 To reinstate a canceled claim, one presents the text of the canceled claim with any further changes in a new claim with a new claim number including…

Prosecution Pointer 259

USA - January 13 2021 Even when a Preliminary Amendment is included with the filing of a new application, a claim listing is required and the claim listing must include a…

Balancing Cost and Enforcement

USA - January 11 2021 Most patent applications are filed with a view of eventually obtaining protection in multiple jurisdictions. However, differences in patent systems…

How Two Recent Court Decisions Show Ownership Can Be Everything and Standing Must Be Taken Into Account

USA - January 8 2021 In SiOnyx LLC v. Hamamatsu Photonics K.K., --F.3d__ (Fed. Cir. Dec. 7, 2020), the U.S. Court of Appeals for the Federal Circuit (Judges Lourie, Reyna…

Prosecution Pointer 256

USA - December 23 2020 The title of an invention is not required to be part of the specification. To the extent that a title on the specification is supplied, it should…

Prosecution Pointer 254

USA - December 9 2020 A complete claim listing is only required whenever changes are made to any claims, but a claim listing may be submitted in a reply to an Office…

Claims Found to be “Essentially Free” of Patentability

USA - December 4 2020 In re Devlin, No. 2020-1351, 2020 WL 6437962 (Fed. Cir. Nov. 3, 2020), nonprecedential, the Federal Circuit (Judges Moore, O’Malley, and Taranto)…

Prosecution Pointer 253

USA - December 2 2020 The Commissioner of the USPTO may (pursuant to 35 U.S.C. 254) issue a certificate of correction to correct a mistake in a patent that occurred as a…

Prosecution Pointer 252

USA - November 25 2020 An abstract may not exceed 150 words in length. According to former 37 CFR 1.72, the abstract was allowed to be up to 250 words in length. To…