Crowell & Moring’s Post

Please come join Donald Ware, Joanna T. Brougher, and I as we discuss NIST's Request for Information on the use of March-In Power to impact or regulate drug pricing. We will look at the economic engine created by the Bayh-Dole Act and its underpinnings, and past failed attempts to regulate prices, and its impact on corporate-government cooperation. The definition of insanity is repeating something known to fail - and that is exactly what would happen if NIST and the U.S. government required "reasonable pricing" which is definitionally vague. It would also contemplate an interpretation by an executive agency that falls outside of the legislative framework and its interpretation. Baryh-Dole helped propel the United States out of the stagflation of the late 1970s and pushed America into being an innovation powerhouse when it was flagging behind other nations. #BayhDole #MarchIn #UniversityGovernmentCooperation #EconomicEngine

In our latest article, "IPWatchdog Unleashed: What is the USPTO Doing Now?", Author Gene Quinn writes: This week our conversation is with Scott McKeown, a shareholder with Wolf Greenfield and the author of PatentsPostGrant.com, and Steve McBride, a partner with Carmichael IP. In this wide-ranging conversation, we cover what is happening at the United States Patent and Trademark Office (USPTO), specifically discussing the office's proposed changes to terminal disclaimers for obviousness-type double patenting, the proposed Patent Trial and Appeal Board (PTAB) rules, director review as it pertains to inter partes review (IPR). We also discuss pending legislation on Capitol Hill, specifically discussing the Patent Eligibility Restoration Act (PERA) and The Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL), which deals with statutory reforms to PTAB.

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Pat...

Today Brad Pedersen explains why the proposed rule off terminal disclaimers should not be finalized: "The proposed rule changes [to overcome double patenting] seek to make it easier to challenge drug-related ‘patent thickets’ created by multiple continuing applications by preemptive use of lower-cost post-grant challenges to the validity of just a single claim in a single patent in a patent thicket. The USPTO naively assumes that imposing a concession of ‘lose-one-claim, lose-all-patents’ by way of terminal disclaimer language requirements might make it easier to realize freedom-to-operate for generic drug competitors, and this might magically result in decreased drug prices." "Instead of resorting to a draconian concession from patent applicants that will negatively impact all kinds of innovations, the USPTO should tighten restriction practices and enhance examination of continuation applications. It must leave for Congress the policy decisions on how best to address ‘patent thickets’ for drug-related inventions." https://lnkd.in/gE6AtSr4 #USPTO, Kathi Vidal, Under Secretary of Commerce for Intellectual Property, #patent, #pharma, #drugpatent, #evergreening, #patentthicket

In a precedential decision issued August 13, 2024, the Federal Circuit held in Allergan USA. v. MSN Labs that a first-filed, first-issued parent patent that receives a patent term adjustment (PTA) due to delays by the Patent Office during prosecution cannot be invalidated for obviousness-type double patenting (ODP) by a later-filed, later-issued child patent that receives less, if any, PTA, and expires earlier. In a recent client alert Lathrop GPM attorneys James DeGiulio, James Velema and William Scofield delve into the significance of the new ruling. Read the full alert here: https://bit.ly/3Xbua7i #FederalCircuit #USPTO #PatentProsecution #IntellectualProperty

Bonjour les amis! We’re excited to announce that PatentPlex by Patent Bots now supports provisionals, PCTs, and European patents! 🥐🏰⚽ PatentPlex has long been your one-stop shop for information about any USPTO patent. Now, you can access all the same info on patents issued by the European Patent Office. - See it all with informative visualizations of patent timelines and family trees.  - Enhance your reading and analysis with our Patent Analyzer and Claim Diff tools.  - Access standard application data plus EPO documents and steps in one click. Join us on October 16 to see how PatentPlex works with European patents and get a refresher on our Prep & Pros Pro, Art Unit Predictor, and Examiner Stats products. RSVP now: https://lnkd.in/gmV5e2mr #patent #patents #patentlaw #uspto #epo

How much do you know about the quirks of automatic validation for EP patents?     Read the latest instalment of our Transatlantic Toolkit, written by our top team of UK and European patent attorneys, to learn more about automatic validation and how the London Agreement might affect your patent.     https://lnkd.in/e8KYP-iU   #HLK #Patents #IP #PatentFiling 

Here's another tasty little morsel for our friends across the pond. Bookmark our Transatlantic Toolkit webpage for next time you are dealing with EP issues - there may be some useful reminders in there for you! https://lnkd.in/e8KYP-iU #HLK #Patents #IP #PatentFiling

A reminder to join our free webinar on Monday 12th February at 15:00GMT where we will be discussing Intellectual Property Value in Secondary Patent Markets with representatives from the USPTO. A team of researchers will present their recent work which shows how exposure to secondary markets mitigates the effect of uncertainty on patent filings. This talk will provide insights into patent protection as a store of value and communicate valuable lessons for patent commercialization. Sign up now: https://lnkd.in/ehrcVGtF #webinar #intellectualproperty #patents

The transparency requirements of the Clinical Trials Regulation present a complex intellectual property challenge requiring a nuanced approach to patent protection of clinical trial-related inventions. Take a look at the whitepaper below where this is discussed. #CTR #CTIS #Clinicaltrials