The public comment letters on the proposed Markush Rules by the Patent Office are up on the USPTO website. The Patent Office is moving ever onward with its proposed revision to the rules of practice pertaining to any claim using alternative language to claim one or more species. That is, if the claims use Markush […]

The National Law Journal is reporting that the U.S. Patent and Trademark Office may have unconstitutional appointments of nearly two-thirds of its patent appeals judges and nearly half of the trademark appeals judges. This could call into question the validity of hundreds of decisions over the last eight years. The flaw, brought to light by […]

The 8th Annual World Intellectual Property Day is April 26, 2008, and focuses on celebrating innovation and promoting respect for intellectual property.  Dr. Kamil Idris, Director General of the World Intellectual Property Organization (WIPO), highlighted the intrinsic link between creativity, innovation and IP.  Let us know what you think is the best way to celebrate […]

The San Francisco Business Journal ran a feature suggesting that biotech companies are running into hurdles in doing deals with universities, specifically the University of California System in this case. The article writes that the problem is that it simply takes too long to get the deal done — that agreements took months rather than […]

This month’s issue of WIPO Magazine features an article about the daily blogging life of IPKat blogger Jeremy Phillips, named by Managing Intellectual Property Magazine in 2005 as one of the 50 most influential “people” in the IP world. Jeremy shares some thoughts on the rise of the IP blog. In offering insights into IP […]

Greg Aharonian at Internet Patent News Service posted a note about a possible increase in double-patenting rejections as the U.S. Patent Office. In a complaint he received, a reader questions whether this is an orchestrated implementation of “directives to frustrate patent applicants to achieve their misguided purpose.” As an example, the reader noted that the […]

The United States Patent and Trademark Office (USPTO) has published updated patent examiner training materials regarding the examination of patent applications under the written description requirement (35 U.S.C. § 112, first paragraph).  That is, in order to obtain a valid patent, an applicant must include in a description adequately disclosing the invention and how to […]

Today, I gave a webinar presentation with Ken Phelps, President of Camargo Pharmaceutical Services, on the interaction of patents and exclusivity of drugs approved by the FDA under section 505(b)(2). Ken is an expert at 505(b)(2) filings so my job (covering patent issues) was pretty easy. Ken notes that large pharma and small start-ups alike […]