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USPTO Fee Changes for 2025

In the November 20, 2024 Federal Register Notice, the United States Patent and Trademark Office (USPTO or the “Office”) released its final rule on patent fee adjustments (“Final Rule”). These fee adjustments, set to take...more

Obviousness In Drug Combinations – Unexpected Results Vs. Unexpected Mechanisms Of Action

Ascertaining the differences between prior art and claims at issue requires interpreting the claim language and considering both the invention and the prior art references as a whole. The Supreme Court emphasized “the need...more

Practical Strategies For Protecting Innovations Under The Doctrine Of Equivalents

Recent case law highlights enablement and written description challenges for genus claims. Given the challenges of enforcing genus claims, the doctrine of equivalents (DOE) may become a more important tool for patentees when...more

IP Implications Of USDA Research Collaborations

Many stakeholders in the AgTech industry are interested in collaborating with or obtaining funding from the United States Department of Agriculture (USDA), but are unsure what implications such collaborations may have on...more

China Eyes New Export Controls for Life Sciences Technologies

China is considering new export restrictions on advanced technologies, including, in particular, in the life sciences sectors. In late December 2022, China’s Ministry of Commerce (“MOFCOM”) issued the proposed amendment to...more

Possession Of An "Effective" Dose

When does an applicant have “enough” to file a patent application and be granted a patent? That question continues to dog applicants in the biopharmaceutical industry, particularly in view of recent Federal Circuit...more

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