Guest post from Deshan Li, Ph.D., Executive Vice President and Senior Partner at Unitalen Attorneys at Law.
On October 17, 2020, the amendments to the Patent Law were adopted by the Congress, which will come into effect as of June 1, 2021. The main points of the amendments that will have substantial influences on patent practice are outlined below.
When I posted about this Fed. Cir. decision (Biogen MA v. EMD Serano, Appeal no. 2019-1133 (Fed. Cir., Sept. 28, 2020) on October 12, 2020, I viewed it as a straightforward application of the maxim that an otherwise non-novel product does not become novel by reciting method of preparation steps in the claims, e.g. that is “nested’ in the claims. Now, after reading Biogen’s petition for cert. filed in May 2021, I am not so sure that the Fed. Cir. decision is as simple as the panel would have us believe. The main claim of U.S. Pat. No. 7,588,755 reads, in part:
Guest post from the USPTO:
Under the Fast-Track Appeals Pilot Program, appellants can have their ex parte appeals advanced out of turn. Appellants simply file a petition to request fast-track review of their ex parte appeal and pay a $420 petition fee. The Patent Trial and Appeal Board (PTAB or Board) has set a target of issuing a decision within six months from the date the petition is granted and the ex parte appeal is entered into the pilot program.
Guest post from Chisum Patent Academy:
The Chisum Patent Academy is pleased to share with you a recording of the recent webinar from Fastcase, Inc.: “A Conversation with Janice Mueller, Author of Mueller on Patent Law.” In the one-hour webinar, Janice answers questions about:
To listen to the webinar on YouTube, click here.
