Author Archives: Warren Woessner

Federal March-In Rights Meet Clawbacks – The Future of 35 USC ss. 200-212

Posted on January 11, 2024 by Warren Woessner

This post could have been “The Revival of the March-In Rights of the Bayh-Dole Act.” The passage of the Bayh-Dole Act in 1980 permitted universities to take title to inventions made with federal funding and grant licenses to commercial entities. … Continue reading →

Posted in Govt Policy/PTO Policy | Tagged Bayh-Dole | Leave a comment

The Tyranny Of Large Numbers: Their Grip on s. 102 Inquiries

Posted on October 6, 2023 by Warren Woessner

So that I don’t have to explain the claims and the arguments presented by the parties, please read my posts on the Supreme Court’s opinion on Amgen v. Sanofi on May 22, 2023 and the Fed. Cir.’s opinion on February … Continue reading →

Posted in 102 Patentability | Tagged Amgen | Leave a comment

Does the “Patent Eligibility Restoration Act of 2023” Revive Diagnostic Claims?

Posted on June 26, 2023 by Warren Woessner

On June 22, Senator Chris Coons, along with Thom Tillis introduced the “Patent Eligibility Restoration Act of 2023” (hereinafter “the Act”) to amend 35 USC s. 101 to clarify the scope of patent-eligible subject matter. Section 100 would be amended … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged Chakrabarty, naturally occurring processes, patent eligible subject matter, The State of Patent Eligibility | Leave a comment

Supreme Court Voids Amgen’s Patents using “Undue Experimentation” Standard

Posted on May 22, 2023 by Warren Woessner

In Appeal no. 21-257 (May 18, 2023), the Supreme Court affirmed the judgement of the Fed. Cir. by ruling that all of the claims of Amgen’s U.S. Patent nos. 8,829,165 and 8,859, 741 were invalid due to their failure to … Continue reading →