Is your employee handbook sufficient to capture patent rights in your employee’s inventions? The Federal Circuit case of Omni Medsci v. Apple illustrates one reason why it does not. It is common practice to include, in an...more
8/25/2023
/ Employee Handbooks ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Patent Ownership ,
Patents ,
Policies and Procedures
Some chemical innovators have found the recent Supreme Court decision in Amgen v. Sanofi to suggest that chemical inventions will be subject to new and draconian disclosure standards going forward. A few have even suggested...more
7/17/2023
/ Amgen ,
Amgen v Sanofi ,
Chemicals ,
Disclosure Requirements ,
Doctrine of Equivalents ,
Enablement Inquiries ,
Functional Claim Language ,
Genus ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Life Sciences ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
SCOTUS
The Court’s reasoning in Amgen v. Sanofi upholds the Federal Circuit’s long-standing requirement to enable the full scope of a claimed invention. Since the Patent Act of 1790, patent law has required describing inventions...more
6/27/2023
/ Amgen v Sanofi ,
CAFC ,
Genus ,
Intellectual Property Protection ,
Inventions ,
Patent Act ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
SCOTUS
Dear Patenticity,
I have a chemical invention and I want to obtain the broadest coverage I can. The problem is I have not done much lab work, so I only have a couple real examples. I know that the written description...more
Dear Patenticity,
My company has several new product concepts under development right now, and some are very early in the design process. We are in a very competitive space, so we want to protect our work with patents to...more
Dear Patenticity,
My start-up has a small portfolio of about a dozen patents covering our core technology. One of those patents has the 11.5 year maintenance fee coming due in the next six months, but this particular...more
Can an employee’s unpatentable “idea”, conceived under a duty to assign intellectual property, give rise to co-ownership in an invention conceived after employment terminates? That was the question on appeal in Bio-Rad...more
10/11/2021
/ Appeals ,
Co-Ownership ,
Employees ,
Former Employee ,
Infringement ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Prior Art
We live at a time when Artificial Intelligence (AI) autonomously drives cars, carries on conversations with humans, and in many other ways engages in seemingly intelligent and increasingly even creative acts previously...more
If you do not know the difference between patentability and freedom-to-operate (FTO), you are not alone. Most often people mistakenly believe that a patent gives them the right to make, use, and sell an invention. Not so. A...more