Tag Archives: United States Patent and Trademark Office

225th Anniversary of First U.S. Patent

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225 years ago last Friday the first U.S. patent was issued to Samuel Hopkins for an improved process for creating potash, America’s first industrial chemical compound. America’s Founding Fathers recognized Intellectual property as a fundamental right, so much so they enshrined it into our Constitution. The systems for issuing patents have changed over the years, but Congress retains the authority to regulate and change matters of patent law. Unfortunately, not all changes to patent law Read More >

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USPTO Issues New Myriad Guidance

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On Tuesday, December 16 the United States Patent and Trademark Office issued a revised guidance on subject matter eligibility under § 101 in light of recent Supreme Court Decisions in Alice v. CLS Bank, Mayo, and Myriad. These new guidelines are a response to extensive feedback provided from industry leaders and inventors over the last several months. (BIO provided both initial and supplemental comments on the Office’s March Subject Matter Eligibility Guidance). Public comments on the Read More >

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BIO Submits Comments on “Myriad” PTO Patent Guidance

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On July 31st, BIO, alongside a group of international bioindustry trade associations submitted comments to the United States Patent and Trademark Office regarding their March 4, 2014 Guidance on patent subject matter eligibility. Representing associations from Japan, Australia, Canada, the UK, Germany, Spain, Portugal Belgium, the Netherlands and others, the comments reflect a deep concern among the international community regarding how the PTO is interpreting the Supreme Court’s recent decisions in Mayo v. Prometheus and Read More >

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Exclusive Licenses Do Not Discourage Follow On Research

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A recent study presented at the Patent Statistics for Decision Makers Conference organized at the United States Patent Office questions the logic behind a nonexclusive license preference often found in U.S. government technology transfer policy. In “The Role of Exclusive Licensing in Follow-on Research of Academic Patented Inventions” presentation the authors demonstrate that, contrary to the belief by some, exclusive licensing does not impede future research. The authors ask two questions.  First, does exclusive licensing affect licensee follow-on research?  Read More >

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IPCC Features Update on Patent Reform Implementation

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The BIO Intellectual Property Counsels Committee Fall Conference featured an update on the implementation of the Leahy-Smith America Invents Act by Janet Gongola, Associate Solicitor of the U.S. Patent and Trademark Office (PTO). Some provisions of the Leahy-Smith America Invents Act took effect immediately when it was signed into law in September. Ms. Gongola reported that of the 20 provisions that must be implemented by the PTO, eight have been implemented and another ten are Read More >

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