United States: Patent

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
“Practically Complete”: Otsuka v. Lupin and the Chemistry of Missed Opportunity in Hatch-Waxman Litigation
A Federal Circuit case examines whether a generic drug manufacturer's process infringes a product-by-process patent claiming highly pure tolvaptan made through a specific reduction reaction. The dispute centers on proving infringement during an intermediate stage of chemical synthesis, raising questions about claim interpretation, expert testimony reliability, and the evidentiary challenges of demonstrating what occurs inside a sealed reaction chamber.
United States IP
YMF Law Tokyo
Article
Referral G1/26: Claim Interpretation And Added Subject Matter After G1/24
The European Patent Office's Board of Appeal has referred critical questions to the Enlarged Board of Appeal concerning how patent claims should be interpreted when assessing added subject matter. The referral, pending as G1/26, seeks to clarify whether features from descriptions and drawings can be imported into claim interpretation, and which claim interpretations must be disclosed in the original application to avoid added matter objections.
United States IP
JA
J A Kemp LLP
Article
Immunities And Defenses For Government Contractors, Part 2: Patent And Copyright Infringement Claims
Government contractors performing federal work involving patented inventions or copyrighted materials may face infringement claims from rights holders. Section 1498 of Title 28 provides a statutory framework that shields contractors from district court liability by channeling such claims exclusively to the U.S. Court of Federal Claims against the government itself. This protection extends to both direct and indirect infringement when contractors act with proper government authorization and consent.
United States IP
WR
Wiley Rein
Article
A New Era In Patent Eligibility At The USPTO: An Opportunity For Agritech?
The USPTO has signaled a significant shift in how it examines software and AI patent applications, potentially easing decade-long restrictions on patent eligibility. This development may open new opportunities for Agritech innovations that increasingly rely on artificial intelligence, machine learning, and software-based technologies to improve agricultural efficiency and sustainability.
United States IP
SH
Stites & Harbison PLLC
Video
Biological Deposits And Patent Strategies For Microbiological Strains (Video)
This webinar explores the complex landscape of patent applications for microorganisms and specific strains, examining when biological deposits are necessary and how they impact patent strategy. Attendees will learn practical approaches to drafting applications that support both deposited strain claims and broader microorganism claims, while understanding the scope of protection and potential infringement scenarios.
United States IP
JA
J A Kemp LLP
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