Tag Archives: in re kubin

Happy Birthday To Me – Patents4Life is Three!

Three years ago, when I started this Blog (or is it “Blawg”?), the hot topics were In re Kubin and the summary affirmance of Classen by the Fed. Cir. Today, along with the looming AIA regulations, Mayo v. Prometheus and … Continue reading

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WILL THE NIGHTMARE FOR BIOTECH PREP/PROS NEVER END?

I recently gave a talk on patenting biomarkers, and was asked to talk about “push-back” by the courts and the PTO against getting useful patent claims in this emerging area (the gateway to “personalized medicine.” I was struck with how … Continue reading

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Federal Circuit upholds Board In re Kubin – Resurrects O’Farrell Test of “Obvious to Try”

On April 3, 2009, a three judge panel of the Court of Appeals for the Federal Circuit unanimously affirmed the decision that the Board of Patent Appeals had reached in Ex Parte Kubin. The Board’s decision is discussed in the … Continue reading

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