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Intellectual Property counsel often face the dilemma of when to file a patent application: as soon as possible, or wait and gather more support? Filing an application “early” helps to avoid anticipatory prior art but if the application is filed too early, the applicant may risk rejections during examination for lack of supportive evidence.
On the other hand, if the application is filed too late, the applicant may lose the priority date. This is especially problematic for biopharma industry applicants where on one hand, these data are often critical for securing a patent; on the other hand, the research and development cycle is long and generating experimental and clinical trial data require significant resources and time to obtain, and business and financial reasons can also render it difficult to predict when the data will become available. Frequently supporting data and related information are not available until af
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With everything that was happening this past winter, it would have been easy to miss the introduction of S. 4760: The PASTEUR Act. On December 9, U.S. Representatives Mike Doyle (D-PA) and Drew Ferguson (R-GA) introduced the Pioneering Antimicrobial Subscriptions to End Upsurging Resistance (PASTEUR) Act to encourage the development of critically needed antimicrobials and antibiotics.
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According to the Centers for Disease Control and Prevention (CDC) 2019 report Antibiotic Resistance Threats in the United States (“CDC Report”), “more than 2.8 million antibiotic-resistant infections occur in the United States each year, and more than 35,000 people die as a result.”
Agriculture
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March 2, 2021
On Monday, Syngenta Crop Protection Ag filed a petition before the Patent Trial and Appeal Board asking it to review a patent granted to Plantlab Groep B.V. The petitioner purported that the system which was patented in U.S. Patent No. 10,667,469 (the â469 patent) should be cancelled because the processes it describes are commonly used in the industry.Â
Syngenta reported that claim one of the patent âmerely recites controlling three parametersâlight, leaf temperature, and root temperatureâin a way that is âdirectly proportionalâ in order to control a plantâs assimilation of carbon dioxide.â The plaintiff explained that claims two through 11 describe common fixtures used in plant cultivation, and the final claim, claim 12, adds that changes to the parameters in claim one should result in a proportional change to the others.Â
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The Federal Circuit (in an unpublished opinion) recently reaffirmed the difficulty generic challengers face when trying to establish chemical structural obviousness to invalidate a drug compound patent claim.
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This recent ruling involved Takeda’s U.S. Patent No. 7,807,689 (“the ‘689 Patent”), which claims alogliptin, a uracil-containing dipeptidyl peptidase IV (“DPP-IV”) inhibitor used to treat Type II diabetes. The ‘689 Patent is listed in the Orange Book for Takeda’s anti-diabetes drug products, Nesina
®, Kazano
®, and Oseni
®, each of which contains alogliptin benzoate as an active ingredient. Two ANDA applicants, Torrent and Indoco, challenged the validity of claims 4 and 12 of the ‘689 Patent as obvious under 35 U.S.C. § 103 and for non-statutory obviousness-type double patenting (“OTDP”).