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Dreams of the Moon and Gold Do Not a Valid Patent Make ( August 2003 )
Most people with a even a passing familiarity with patents realize that for a U.S. patent to be valid, it must claim an invention that is new. What many do not know, however, is that a patent must satisfy other requirements that, while less well known, are just as important to the validity of the patent. The District Court for the Western District of New York's recent decision in <i>University of Rochester v. G.D. Searle & Company</i> illustrates the pitfalls of failing to meet one such requirement—the written-description requirement. -
Patent Trends in Nanotechnology ( November 2003 )
The publication of patent applications by the U.S. Patent and Trademark Office (USPTO) provides a means of following new developments in a field of interest. One such field of interest is nanotechnology, and reviewing some of the published applications in this field gives some insight into opportunities for further exploration and future patent protection. -
What Are My Chances? From Idea Through Litigation ( October 2003 )
The next time someone asks - "what are my chances?" - chances are you may now have an answer. -
Federal Circuit Leaves Open The Question Of Which Materiality Standard Should Apply In Inequitable Conduct Determinations ( September 2003 )
The defense of unenforceability based upon a patentee's inequitable conduct, when applicable, can be a powerful one for an accused infringer. Typically, the defense is based upon the patentee's non-disclosure of important information to the U.S. Patent and Trademark Office ("USPTO") while the application was being processed. To prevail with the defense, the accused infringer must show that the information is material, and was deceptively withheld. -
First In Class: A Conversation with Joe Liebeschuetz, Ph.D. on the Affymetrix GeneChip® Array Patent ( June 2003 )
Companies and universities use the GeneChip® array in the laboratory for research, particularly for drug discovery purposes and detecting polymorphisms. The GeneChip® array is also used for diagnostic purposes; however, more diagnostic applications will likely be developed in the future. Researching drug discovery is the most common application at present. -
What is Intellectual Property?: Patents ( May 2003 )
Intellectual Property is the group of legal rights in things that people create or invent. Intellectual property rights include patent, copyright, trademark and trade secret rights. In Europe and some other countries, "moral rights", which are rights of the artist not to have her work greatly altered, are also included. -
The Next Patent Frontier -- Financial Product Patents ( February 2003 )
Like their software predecessors in the 1980s and their fallen Internet brethren of the 1990s, managers of financial products and services are entering a brave new world where management of intellectual property assets has become vital to protecting their bottom line. This new management challenge is a result of the steady expansion by the courts of what innovations are subject to patent protection. -
Can a Patent be Pending for Too Long? ( January 2003 )
As the economic power of patents continues to grow, time-honored beliefs in the virtues of the patent system and the rights of patent holders have come under increasing scrutiny, and accusations of abuses of the patent system are increasingly prevalent. The latest example appears in a recent decision by the Court of Appeals for the Federal Circuit, the nation's leading patent court. -
New Laws Now in Place for Business Method Patents ( December 2002 )
While method patents have long been available to protect inventors of useful, novel methods of accomplishing particular tasks, such as surgical procedures, business method patents - on a particular method of doing business - are new to the scene.
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