Patenting Antibodies
The U.S. Patent and Trademark Office (USPTO) revoked its patent examination guidelines that allowed broad antibody claims once an antigen was known after the Federal Circuit held in Amgen v. Sanofi (Fed. Cir. 2017) that the guidelines were inconsistent with the written description requirement of US patent law. The USPTO is preparing new examination guidelines […]
Patenting Antibodies
The U.S. Patent and Trademark Office (USPTO) revoked its patent examination guidelines that allowed broad antibody claims once an antigen was known after the Federal Circuit held in Amgen v. Sanofi (Fed. Cir. 2017) that the guidelines were inconsistent with the written description requirement of US patent law. The USPTO is preparing new examination guidelines […]
Patenting Inventions Based on Natural Phenomena
Recent Federal Circuit decisions provide guidance for companies seeking to patent inventions based on newly discovered natural phenomena. In Vanda v. West-Ward (2018), the Federal Circuit upheld personalized medicine method of treatment claims, finding the claims to be patent eligible because they claim a particular application of a natural phenomenon, namely a method of treatment, […]
Patenting Inventions Developed Using Federal Research Grants
The Bayh-Dole Act permits recipients of federal research grants to retain ownership of inventions made during a grant-funded project, provided certain regulatory requirements are complied with, including reporting inventions or electing title within the specified times. The National Institute of Standards and Technology (NIST) recently amended the Bayh-Dole regulations, making it more difficult to comply […]