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Category Archives: Patent Law

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Is Final really Final? Alternative Patent Prosecution Routes after a Final Office Action

Posted in Development & Commercialization of Technology, Intellectual Property, Patent Counseling & Strategies, Patent Law, Patent Prosecution, Uncategorized

The prosecution of a patent application before the U.S. Patent and Trademark Office (USPTO) can be a prolonged and costly process. The patent prosecution process can include the issuance of an Office Action by the USPTO and the subsequent filing of an Office Action response by the applicant. While such communications can occur multiple times,… Continue Reading

Sequenom v. Ariosa Diagnostics: A Supreme Court Petition that Requests Clarification on the Patent Eligibility of Diagnostic Methods

Posted in Development & Commercialization of Technology, Intellectual Property, Patent Counseling & Strategies, Patent Law, Patent Prosecution

Under the Patent Act, one can patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”[1] Common exceptions to what can be patented include laws of nature, natural phenomena, and abstract ideas[2].  In Ariosa Diagnostics, Inc. v. Sequenom, Inc. (Sequenom), the United States Court of Appeals… Continue Reading

The Impact of Ariosa Diagnostics v. Sequenom on the Patent Eligibility of Biomarker Detection Methods

Posted in Development & Commercialization of Technology, Intellectual Property, Patent Counseling & Strategies, Patent Law, Patent Prosecution

Under the Patent Act, one can patent “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”[1] Common exceptions to what can be patented include laws of nature, natural phenomena, and abstract ideas[2]. In a recent decision in Ariosa Diagnostics v. Sequenom (Sequenom), The United States Court… Continue Reading

International Protection of Industrial Designs under the Hague System

Posted in Development & Commercialization of Technology, Intellectual Property, Patent Counseling & Strategies, Patent Law, Patent Prosecution

An industrial design generally constitutes the ornamental or aesthetic aspects of various articles, such as the three dimensional features (e.g., shapes) or two dimensional features (e.g., patterns, lines or colors) of packages, containers, furniture, household goods, lighting equipment, jewelry, electronic devices, and textiles. Industrial designs can be protected in many countries by a design patent…. Continue Reading

Accelerated Patent Examination

Posted in Patent Law, Patent Prosecution

According to the United States Patent Office’s annual report, the average total patent pendency in 2012 for patent applications was 32.4 months.  For many patent applicants, this delay is unexpected and may significantly impact future business plans.  However, there are special avenues for accelerating examination. A petition requesting prioritized examination (or petition to make special)… Continue Reading

The Global Patent Prosecution Highway – Global Protection on a Budget

Posted in Intellectual Property, Patent Counseling & Strategies, Patent Law

Patent prosecution can be a slow and expensive process.  A business or an applicant may wish to accelerate the process of procuring a patent for a number of reasons including, engaging in enforcement activity and reducing investor’s or licensee’s perceived risks.  A decisive factor for businesses and applicants seeking patent protection in key global markets… Continue Reading