Another lawsuit has been filed in federal court against the United States Patent and Trademark Office (PTO) looking to block implementation of the new claims and continuation rules that are to go into effect on November 1, 2007 (Final Rules; 72 Federal Register 161 at 46716). This time, the plaintiff is pharmaceutical giant SmithKline Beecham […]

The United States Patent and Trademark Office (USPTO) published Examination Guidelines to help examiners make decisions regarding the obviousness (or lack thereof) of claimed inventions in light of the Supreme Court’s recent decision in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). Teleflex v. KSR In Teleflex Inc. v. KSR Int’l Co., the […]

The United States Patent and Trademark Office (USPTO) published Examination Guidelines to help examiners make decisions regarding the obviousness (or lack thereof) of claimed inventions in light of the Supreme Court’s recent decision in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). The USPTO announced the new guidelines saying: [P]atent examiners will continue […]

On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). USPTO’s assertion of statutory authorization would appear to be insufficient in […]

On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). Constraints on the USPTO’s ability to limit continuations In both the […]

On August 21, 2007, the USPTO published its final rules limiting continuation practice (72 Federal Register 161 at 46716, Tuesday, August 21, 2007 “Rules and Regulations Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent applications; Final Rule”). The original proposed rules (71 Federal Register […]

The omnipotent, anonymous Editor-n-Chef of Blawg Review has started “Simply the Best”, a “meme” where he tags 10 blawgs as his favorites, and then asks each author to do the same on his/her blog, and so on, and so forth. Patent Baristas was named as runner-up in the category of favorites by blogger Monica Bay, […]

The US Food and Drug Administration (FDA) today announced a new program aimed at speeding up the approval process for generic drugs. FDA predicts that the program, aptly called GIVE the Generic Initiative for Value and Efficiency, would give a gift to generic companies by helping the FDA approve generic drugs more quickly. FDA approved […]