Background Sequenom, Inc. (Sequenom) sells a non-invasive test called “MaterniT® 21 PLUS” that is used to detect the presence of cell-free fetal DNA (cffDNA) in serum or plasma samples obtained from expectant mothers. The test avoids the risks of widely-used …
Is it finally time to say goodbye to the patent backlog in Brazil?
On July 9, 2019, the Instituto Nacional da Propriedade Industrial (BRPTO) published its long-awaited rules implementing an action plan to reduce the patent backlog that has plagued the office for many years. As many readers are aware, on average, it …
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The Federal Court of Justice is 1-1 in Granting Applications for Compulsory Licenses in Germany
On June 4, 2019, the tenth senate of the Federal Court of Justice (FCJ) confirmed the German Federal Patent Court’s (FPC) rejection of an application for a preliminary compulsory license to Amgen’s European Patent No. 2 215 124 (the ‘124 …
Important Revisions to Japanese Patent Law – Improvement to Patent Litigation System
A bill revising Japanese Patent Law (as well as other laws) was passed by the Diet (Japan’s bicameral legislature) on May 10, 2019 and promulgated on May 17, 2019. Purpose of the revisions As a result of the digital revolution, …
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Israeli Patent Office Clarifies Patent Term Eligibility for Antibodies
On April 16, 2019, the Israeli Patent Office (IL PTO) held that an antibody targeting the same antigen as an antibody previously approved for patent term extension (PTE) was eligible for its own PTE provided that primary structural differences existed …
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Indian Government’s Proposal to Amend Patent Rules 2003 Will Impact Examination and Opposition Procedures
On December 4, 2018, India’s Department of Industrial Policy and Promotion, Ministry of Commerce and Industry published Draft Patent (Amendment) Rules, 2018 (Draft Rules) for comment. These Draft Rules seek to amend the Patent Rules, 2003. Key highlights of the …
Clarification on Obviousness-Type Double Patenting? The Federal Circuit Issues Two Decisions in One Day
On Friday, December 7, 2018, the Federal Circuit issued two important decisions involving obviousness-type double patenting. In the first decision, Novartis Pharmaceuticals Corporation v. Breckenridge Pharmaceutical Inc., the Court addressed the question of whether a patent filed after June 8, …
Unpaid Annuity Payments For Abandoned Patents in Indonesia Could Jeopardize Future Filings in Indonesia
In August 2016, a new amended patent law took effect in Indonesia which removed the obligation of patent owners to pay annuities on patents that lapsed through non-payment of earlier annuities. However, despite this change, patent owners in Indonesia remain …
Important Changes to Argentina’s Patent Law
On September 27, 2018, the National Institute of Industrial Property in Argentina issued Resolution No. 250/2018 (Resolution) implementing certain changes to Argentine Patent Law that have been awaiting resolution as a result of Law No. 27.444 (Debureaucratization and Simplification Law …
A Study of Post-Grant Reviews in U.S. PTO Tech Center 1600
Post grant review (PGR) is a trial proceeding conducted at the Patent Trial and Appeal Board (PTAB or Board) to review the patentability of one or more claims in a patent on any ground that could be raised under 35 …
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