As 2025 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2024. According to many readers, hot IP topics included artificial intelligence (AI), pharmaceutical-related patent applications, and U.S. double patenting, and U.S. patent term adjustment (PTA).
1. A Continuation Application is an Implicit Admission of Obviousness-Type Double Patenting When Filed from a Parent Patent - This article explores reasons why any continuation application filed from a parent patent is an implicit admission that obviousness-type double patenting (ODP) applies to the resulting continuation patent.
2. Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility – In July 2024 the U.S. Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on AI and other software-related emerging technologies (ET). This article provides key takeaways, clarifications, and insights about the updated guidance.
3. Practical Guidelines for Avoiding Patent Term Adjustment (PTA) Penalty –PTA penalty accumulated as a result of Information Disclosure Statement (IDS) filings during U.S. patent prosecution can be minimized by following simple guidelines explained in this article, including in a handy chart.
4. Federal Circuit Affirms Obviousness of Rifaximin Polymorph Patents and Denial of Motion to Modify Judgment After Post-Trial Patented Indication Carve Out - This article provides takeaways for practitioners from the Federal Circuit’s April 2024 decision in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc.
5. Best Practices in Developing Winning IP Strategies for AI Companies – As explained in this article with practical examples, an effective IP strategy can help protect an AI company’s intangible assets and steer the company to higher valuations and provide leverage in commercialization of technology.
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