Post-Grant Proceedings Before the Patent Trial and Appeal Board
Post-Grant Proceedings Before the Patent Trial and Appeal Board

Author: Oblon Spivak LLP

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781402420207

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The America Invents Act created the Patent Trial and Appeal Board which is akin to the Board of Patent Appeals and Interferences and which will preside over various new proceedings designed to provide parties with a more effective venue in which to litigate patent validity. The most commonly used procedure will be inter partes review, which effectively replaces inter partes reexamination as of September 16, 2012. Other post-grant proceeding include Post-Grant Review and the Transitional Program for Covered Business Method Patents. Post-Grant Proceedings Before the Patent Trial and Appeal Board guides readers through the process of initiating a post-grant proceeding, taking discovery, seeking sanctions, proposing and opposing claim amendments, effectively advocating at the oral hearing, appealing to the Federal Circuit, and handling a wide array of issues involving co-pending district court litigation. Updated at least once a year, Post-Grant Proceedings Before the Patent Trial and Appeal Board is a comprehensive and indispensable resource for anyone involved in a proceeding before the Patent Trial and Appeal Board.

Faber on Mechanics of Patent Claim Drafting
Faber on Mechanics of Patent Claim Drafting

Author: Robert C. Faber

Publisher:

Published: 2015-09-07

Total Pages: 0

ISBN-13: 9781402424267

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More patent applications are rejected because of claim drafting flaws than because of problems with inventions. A trusted working tool for more than two decades, Faber on Mechanics of Patent Claim Drafting spotlights proven claim drafting practices and techniques that have been firmly established by patent authorities and custom. This lucid, time-saving handbook offers you: - Start-to-finish directions for each type of claim--apparatus or machine, method or process, composition of matter, article of manufacture, and biotechnology. - Extensive discussion of nonart rejections, classic and more recent constructions of means clauses, inherent function of the apparatus doctrine, mental steps and computer programs, product-by-process claims, and claims referring to drawings. - Quotations from litigated claims to help you see which types of limitations and phrases have (and have not) been "judicially approved." - Real-world examples of dependent claims, Jepson claims, generic and species claims, subcombination claims, and biotechnology. - Numerous tips on how to avoid common claim drafting mistakes. - Definitions and preferred usage of stylized words and phrases in patent law, such as "comprising," "consisting," "means for," "step for," and "whereby." - Guidance on how to review claims to eliminate errors and superfluous language. Faber on Mechanics of Patent Claim Drafting examines: - Ways of avoiding transition words that can cause unnecessary claim interpretation problems. - Claim terms that are incapable of interpretation and can render claims indefinite and invalid. - Problematic alternative expressions. - Practical issues involved in amending filed claims, claiming numerical ranges and amounts, and disclosing in a specification several alternatives of elements or embodiments of the invention. Faber on Mechanics of Patent Claim Drafting provides full coverage of U.S. Supreme Court and other court decisions critical to claim drafting. It is an indispensable guide for patent specialists and other intellectual property attorneys, corporate counsel, and non-specialists who represent inventors, patent officials, and inventors.

ANDA Litigation
ANDA Litigation

Author: Kenneth L. Dorsney

Publisher: American Bar Association

Published: 2012

Total Pages: 0

ISBN-13: 9781614384786

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Examining the intersection between the statutory and regulatory scheme governing approval of generic pharmaceuticals and U.S. patent law in the context of Paragraph IV ANDA litigation, this comprehensive guide focuses on current and developing law as well as litigation strategies and tactics. This ready roadmap begins with an explanation of the Hatch-Waxman Act, its implementation, and litigation. Other topics include preparing and trying the case, post-trial issues and appeals, remedies, settlement, antitrust implications, and litigation of pharmaceuticals outside the U.S.

Invention Analysis and Claiming
Invention Analysis and Claiming

Author: Ronald D. Slusky

Publisher: American Bar Association

Published: 2007

Total Pages: 314

ISBN-13: 9781590318188

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Invention Analysis and Claiming presents a comprehensive approach to analyzing inventions and capturing them in a sophisticated set of patent claims. A central theme is the importance of using the problem-solution paradigm to identify the "inventive concept" before the claim-drafting begins. The book's teachings are grounded in "old school" principles of patent practice that, before now, have been learned only on the job from supervisors and mentors.

Patent Failure
Patent Failure

Author: James Bessen

Publisher: Princeton University Press

Published: 2009-08-03

Total Pages: 346

ISBN-13: 1400828694

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In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Patent Application Drafting
Patent Application Drafting

Author: Morgan D. Rosenberg

Publisher: OUP USA

Published: 2012-07-12

Total Pages: 0

ISBN-13: 9780199927258

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Patent Application Drafting: A Practical Guide, by Morgan Rosenberg, teaches the drafting of patent applications from a practical perspective. It covers the entire patent application and includes many helpful examples illustrating the process from start to finish.

Pharmaceutical and Biotech Patent Law
Pharmaceutical and Biotech Patent Law

Author: Arnold & Porter Kaye Scholer Llp

Publisher:

Published: 2019-06-07

Total Pages: 1204

ISBN-13: 9781402431388

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Pharmaceutical and Biotech Patent Law provides you with the legal, scientific, and technical information you need to help clients obtain, defend, and challenge patents in these important business areas. This practical guide shows you how to craft problem-free patent applications, including how to partner with the government to bring patented inventions quickly to the marketplace - invalidate competitors' patents by proving that they fail to meet key requirements - protect against various forms of patent infringement - and successfully rebut charges of infringement. It includes detailed checklists that help you resolve thorny patent problems in the complex pharmaceutical and biotech fields, and is regularly updated to reflect Federal Circuit rulings and other significant court decisions.