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The Federal Circuit clarifies conflicts arising between Patent Term Adjustment and Obviousness-type Double Patenting

The Federal Circuit clarifies conflicts arising between Patent Term Adjustment and Obviousness-type Double Patenting

by David Eyre | Sep 16, 2024 | US & International

Background  For valuable inventions it is relatively typical for a US patent to be expanded into a family of patent rights. Naturally, the value of patents is further enhanced by extra patent term.  Patents with expiry dates beyond the normal 20 year period can be...
What’s in a name? – SCOTUS Confirms Names cannot be Registered as Trade Marks

What’s in a name? – SCOTUS Confirms Names cannot be Registered as Trade Marks

by Juliette Boynton | Jul 12, 2024 | US & International

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...
New Hope for Antibody Claims in the US

New Hope for Antibody Claims in the US

by Juliette Boynton | Jul 2, 2024 | US & International

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...
What is Obvious about a US Design Patent?

What is Obvious about a US Design Patent?

by David Eyre | Jun 26, 2024 | Designs & Copyright, US & International

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...
China Update – Amendments to the Chinese Implementing Regulations of the Patent Law

China Update – Amendments to the Chinese Implementing Regulations of the Patent Law

by Alyson Lam | May 30, 2024 | US & International

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...
Generic Drug Manufacturers Protected by the “Skinny Label” provisions of the Hatch–Waxman Act

Generic Drug Manufacturers Protected by the “Skinny Label” provisions of the Hatch–Waxman Act

by David Eyre | Jan 22, 2024 | US & International

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...
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