This ruling upheld the decision that trade mark registrations cannot be the name of a living person without their permission, and that this revocation is not unconstitutional. However, the Justices could not unanimously agree on why this ruling has been upheld. In...
However, in a significant development we now report, means-plus-function language for a claim to an antibody complied with both of the USPTO requirements for written description and for the claim not to be indefinite. Where functional language alone is used in US...
Registered Design Rights be they UK Registered Design Rights, European Registered Design Rights, US Design Patents or Registered Design Rights granted in other jurisdictions are highly useful Intellectual Property Rights that have been increasing in commercial...
Patent Term Patent Term Adjustments (PTA) Applicants can now request PTA within 3 months of the grant for patents which are granted 4 years after the filing date, or 3 years after filing a request for examination, whichever is later. When calculating the adjustment...
Background – Skinny Labelling Enacted by the Hatch–Waxman Act In 1984, the US Congress introduced a law called the Drug Price Competition and Patent Term Restoration Act, or the “Hatch–Waxman” Act after the two sponsors of the bill: Representative Henry Waxman and...
Background With the present appeal, Baxalta challenged the District Court’s decision to hold claims 1–4, 19, and 20 of U.S. Patent No. 7,033,590 (the ‘590 patent) invalid for lack of enablement. Independent claim 1 is representative and recites: An isolated antibody...
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