While many countries have laws against “double patenting” that prevent an Applicant from obtaining more than one patent on the same invention, the U.S. also bars Applicants from obtaining a second…
Last month both the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued important decisions relating to method of use patents in the Hatch-Waxman Abbreviated New Drug…
In ResQNet.com, Inc. v. Lansa, Inc. (Fed. Cir. 2010), the U.S. Court of Appeals for the Federal Circuit held that patent litigation settlement agreements can be relevant in a different proceeding to…
On March 20, 2012, the U.S. Supreme Court issued a unanimous decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., holding that Prometheus' claims directed to methods of…
The “first-to-file” provisions of the United States "America Invents Act (AIA)" take effect on March 16, 2013. Because of other changes to the U.S. patent system, this date will be just as important…
In the mid-1990s, the U.S. joined most of the rest of the world by adopting a 20-year patent term for patent applications filed on or after June 5, 1995. However, the U.S. patent system is unique in…
On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act into law, making the most sweeping changes to U.S. patent law since at least the 1950’s. Many of the provisions can…
One of the topics that have kept our Courts busy over the last few years relates to which test should be applied to judge "equivalence". Whereas the U.S.'s "same function-same way-same result" test…
The Supreme Court of the United States issued an opinion on appeal (as Bilski v. Kappos) that affirmed the judgment of the CAFC of affirming the rejection of the patent, but revised many aspects of…
I. Priority of Invention
II. Proving Conception and Reduction to Practice
III. Sample Laboratory Notebook
IV. Instructions For Maintaining Laboratory Notebook
V. Instructions for Maintaining…