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New Deputy Director at US Patent and Trademark Office Implementing New Administration Policies

On the same day Donald Trump was sworn in as President, Coke Morgan Stewart was sworn in as the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office...more

Federal Circuit Confirms “Secret Sales” Can Trigger AIA’s On-Sale Bar

On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more

A Secret On Sale: When Trade Secrecy and Invention Disclosure Collide

You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely...more

White House Proposal Floats Pricing as a Basis for Allowing Alternative Manufacturers under "March-In" Rules

A new Biden Administration proposal would provide a path for federal agencies to cite high prices as a reason for giving alternative producers rights to make products covered by federally funded inventions. On December...more

Patent Term Adjustments in Jeopardy After In re Cellect

This week’s Federal Circuit decision confirms that term-adjusted patents can be invalidated by earlier-expiring patents in the same patent family under the obviousness-type double patenting (ODP) doctrine. This ruling is...more

Important New Decision Regarding Obviousness-Type Double Patenting Challenge Between Patents from the Same Family

On March 22, 2021, the US District Court for the District of New Jersey found a patent’s claims not invalid under the doctrine of obviousness-type double patenting (OTDP) in view of a reference patent from the same patent...more

Important New Patent Term Adjustment Decision Allowing Post-RCE B Delay

A recent decision calls into question the US Patent and Trademark Office (PTO) regulation providing that B delay stops accruing as soon as a Request for Continued Examination (RCE) is filed. In March 2018, the PTO declined to...more

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