Prosecuting Bioinformatics Patent Applications in the United States, Europe, and China -
The bioinformatics market is a multi-billion dollar industry, expecting to nearly double in a few years. However, seeking patent...more
The Guidelines for Examination in the European Patent Office (EPO) permit the use of post-filing experimental data in a limited manner to support the scope of objected claims. However, reliance on post-filing data differs...more
Use of Post-Filing Data to Support Patentability -
The use of post-filing data to support patentability can be a mechanism to alleviate time pressures related to first-to-file patent regimes. However, the admissibility of...more
9/26/2019
/ China ,
EU ,
Filing Requirements ,
Foreign Jurisdictions ,
Foreign Patent Applications ,
Global Patent Prosecution ,
Intellectual Property Protection ,
Japan ,
Patent Prosecution ,
Patents ,
Post-Filing Evidence ,
United States
Technology Spotlight- Protecting Agricultural Products -
The Green Revolution of the 20th century increased agricultural production worldwide primarily through high-yielding plant varieties. However, in order to...more
Artificial Intelligence (AI) has become one of the most important technologies of the 21st century. AI generally refers to a branch of computer science that simulates “intelligent” behavior in computers and has the potential...more
As evidenced recently in the United States, it may be difficult to tell what categories of inventions are eligible for patent protection in foreign jurisdictions. To further complicate issues, standards of eligible subject...more
10/16/2018
/ Abstract Ideas ,
Animal Patents ,
Australia ,
Brazil ,
Canada ,
China ,
Covered Business Method Patents ,
Diagnostic Method ,
EU ,
Foreign Jurisdictions ,
Gulf Cooperation Council (GCC) ,
India ,
Japan ,
Mexico ,
Patent-Eligible Subject Matter ,
Patents ,
Plant Patents ,
Popular ,
Product of Nature Doctrine ,
Russia ,
Sharia Law ,
Software Patents ,
South Korea ,
Treatment Method Patents
Both the European Patent Office (EPO) and the Japanese Patent Office (JPO) accept a third party observation regarding validity of a patent application. In February 2012, it was announced that third party observations could be...more
9/17/2018
/ Administrative Procedure ,
China ,
EU ,
European Patent Office ,
Foreign Patent Applications ,
Japan ,
Japan Patent Office ,
JPO ,
Patent Cooperation Treaty ,
Patent Examinations ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
SIPO ,
Third-Party
A Survey of Third Party Observation Systems -
Third party observations can be a cost-effective way of introducing prior art or arguments related to patentability of a published patent application. The September 2018 issue...more
9/13/2018
/ America Invents Act ,
China ,
EU ,
European Patent Office ,
Foreign Patent Applications ,
Japan ,
Japan Patent Office ,
Patent Cooperation Treaty ,
Patent Prosecution ,
Patentability Search ,
Patents ,
Prior Art ,
Third-Party
Bolar exemption in Europe -
The Bolar exemption is governed by European Directive 2001/83/EC on the Community Code relating to medicinal products for human use. Article 10(6) excludes from infringement of patent rights or...more
Europe has led the way globally with respect to biosimilar medicines since 2005. In that year, the European Medicines Agency (EMA) issued regulatory guidelines for the development and assessment of biosimilars....more
Biosimilars Around the World -
Last month’s Supreme Court ruling in Sandoz v. Amgen brought greater certainty to both biosimilar applicants and originators in the United States. The July 2017 issue of Sterne Kessler’s...more
Challenging the validity of a patent through the courts of Europe and the United States can be a time-consuming and expensive process. Oppositions at the European Patent Office (EPO) and US post-grant cancellation...more
6/21/2017
/ Administrative Procedure ,
Administrative Proceedings ,
Amended Complaints ,
EU ,
European Patent Office ,
Expert Witness ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Prosecution ,
Patent Prosecution Highway ,
Patents ,
Post-Grant Review ,
USPTO
Revocation Proceedings Around the World -
Mechanisms to challenge the validity of granted patents are available in many countries throughout the world. The June 2017 issue of Sterne Kessler’s Global Patent Prosecution...more
It should come as no surprise that the home of the Bundesautobahn has multiple mechanisms to speed up patent prosecution. And since the average pendency of a European application is approximately four years[i], patentees will...more
The March 2017 inaugural issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for accelerated examination strategies in the United States, Europe, and Asia.
...more