Two Pilot Programs for Compact Prosecution – First Action Interview and After Final Consideration Pilot Programs -
Streamlining and accelerating patent prosecution are goals of both the USPTO and stakeholders. The USPTO has...more
Major patent offices around the world have long been aware of backlog and redundancy issues facing the global patent landscape. As previously reviewed, the Patent Prosecution (PPH) program aims to accelerate examination...more
10/22/2020
/ Accelerated Examination Program ,
Foreign Patent Applications ,
Global Patent Prosecution ,
Intellectual Property Protection ,
Japan ,
Japan Patent Office ,
JPO ,
Litigation Strategies ,
Patent Prosecution Highway ,
Patents ,
USPTO
Business factors typically drive many strategy decisions in terms of patent prosecution in foreign jurisdictions. Factors that influence these decisions might include the likelihood of foreign competition, the size of foreign...more
The October 2020 issue of Sterne Kessler's Global Patent Prosecution newsletter discusses the factors you need to consider when filing strategies to protect your innovations in Asia and reviews the benefits for using the...more
10/17/2020
/ Asia ,
Filing Requirements ,
Foreign Patent Applications ,
Global Patent Prosecution ,
Innovation ,
Intellectual Property Protection ,
Japan ,
Japan Patent Office ,
JPO ,
Litigation Strategies ,
Patent Prosecution Highway ,
Patents ,
USPTO
The enactment of the Biologics Price Competition and Innovation Act (“BPCIA”) in 2010 established for the first time ever in the US an abbreviated pathway for obtaining FDA approval of a new biological product that is deemed...more
7/14/2020
/ Biosimilars ,
BPCIA ,
Corporate Branding ,
FDA Approval ,
Hatch-Waxman ,
Intellectual Property Protection ,
Litigation Strategies ,
Patent Prosecution ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Preliminary Injunctions
Appealing the Rejection of a Patent Application in the United States, Europe, and China -
In some circumstances, appealing the rejection of a patent application is the only practical recourse a patent applicant may have...more
7/1/2020
/ Appeals ,
Biopharmaceutical ,
CNIPA ,
European Patent Office ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Obviousness ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
USPTO
What does Amazon making children shows like "Peppa Pig" available for free during the COVID-19 crisis have in common with the current operating status of the Companies and Intellectual Property Authority in Botswana? Well,...more
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
On December 19, 2019, the Hong Kong Intellectual Property Department (HKIPD) will launch a new patent system as the result of the Patents (Amendment) Ordinance 2016 and the Patents (General) (Amendment) Rules 2019. Under the...more
11/19/2019
/ CNIPA ,
Foreign Patent Applications ,
Global Patent Prosecution ,
Hong Kong ,
Hong Kong Intellectual Property Department (HKIPD) ,
Intellectual Property Protection ,
New Rules ,
Patent Prosecution ,
Patent Registration ,
Patents ,
Post-Grant Review
A recent change in Singapore has done away with the ability of an applicant to rely on a positive foreign examination result or the international preliminary report on patentability (IPRP) to request supplementary...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
Despite marijuana’s illegal status in most countries, the patent arms race for cannabis has already begun. Indeed, analysts have projected that in North America alone the cannabis industry will grow from $9.2 billion in 2017...more
At last count, there are 27 Global and IP5 Patent Prosecution Highway (PPH) participants with the U.S. Patent and Trademark Office (USPTO). Since the PPH provides a no fee way to speed up the examination process for...more
5/14/2019
/ Administrative Procedure ,
Claim Amendments ,
Expedited Actions Process ,
Global Patent Prosecution ,
Intellectual Property Protection ,
Patent Examinations ,
Patent Prosecution ,
Patent Prosecution Highway ,
Patents ,
Prior Art ,
USPTO
A Survey on Subject Matter Eligibility
Few areas of patent law are as unsettled as subject matter eligibility. What is considered patentable varies greatly across jurisdictions and nuances in claim language can make...more
Patent protection in Taiwan has increased in importance as the economic relationship between the US, Europe, and Taiwan has grown. According to the United States Trade Representative, Taiwan is currently our 10th largest...more
Patents and a New Patent Linkage System in Taiwan -
Patent protection in Taiwan is becoming of everincreasing importance as the country’s economic influence grows worldwide. The April 2018 issue of Sterne Kessler’s Global...more
Double Patenting and Divisional Applications -
Many countries allow an applicant to protect multiple inventions disclosed in a single application in one or more continuing applications. In most countries divisional...more
Very few topics in international intellectual property have been as controversial as compulsory licenses. While the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets minimum standards for...more
Please see list of Countries and their rules regarding offering Patent Term Extensions and Supplementary Protection Certificates. ...more
Please see full map and corresponding legend regarding grace period around the world. ...more
Public Disclosure Grace Periods Around the World -
Public disclosure prior to a patent application filing can present a significant hurdle to patentability in most countries because of absolute novelty requirements....more
With the implementation of Revisions to the Chinese Patent Examination Guidelines on April 1, 2017, the April 2017 issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for...more