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Articles by Eric Steffe
Patent Term Adjustment | JD Supra
In 1999, Congress created a system of patent term adjustment (PTA) that adds additional time to patent terms to remedy certain delays caused by the U.S. Patent and Trademark Office (USPTO) in issuing a patent. Why Review PTA? The USPTO continues to work on reducing application pendency and inventory of unexamined applications.
United States Patent and Trademark Office Proposes Changes to Terminal Disclaimer Practice | JD Supra
Thank you to John Covert and Bree Vculek for contributing to this article. On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a notice of proposed rulemaking in the Federal Register that could dramatically impact prosecution practices, especially for those practitioners in life sciences areas. See Fed. Reg. 89, No. 92, 40439-49 (May 10, 2024).
Can Process Confer Structure to Distinguish the Art after Biogen v. EMD Serono?
“On its face, Biogen appears consistent with the general principle that the validity of a product-by-process claim is based on the underlying product and not on the process of making it.
Patent License Considerations After Fed. Circ. Enbrel Ruling - Law360
Law360 (September 3, 2020, 4:36 PM EDT) -- The recently decided Immunex Corp. v. Sandoz Inc. requires considering the prudence of conveying all substantial rights to a patent portfolio in a license agreement.[1] In Immunex, the U.S. Court of Appeals for the Federal Circuit equated transferring all substantial rights to a patent to a licensee with transferring ownership.
Patent Prosecution Tool Kit: Patent Term Adjustment | JD Supra
In 1999, Congress created a system of patent term adjustment (PTA) that adds additional time to patent terms to remedy certain delays caused by the U.S. Patent and Trademark Office (PTO) in issuing a patent. Why Review PTA? More than half of all patents granted in December 2019 were entitled to PTA, with an average PTA of about 142 days. https://www.uspto.gov/dashboards/patents/main.dashxml. PTA: The Basics Available for utility or plant applications, not reissue or design applications.
Patent Prosecution Tool Kit: The Changing Face of Non-Obviousness | JD Supra
It is difficult to think of a case that has had more influence on patent practice than KSR v. Teleflex (550 U.S. 398 (2007)). In KSR, the U.S. Supreme Court rejected the established practice that an invention could not be obvious unless there was a teaching, suggestion or motivation in the prior art to make the invention. After KSR, it is unquestionably easier to establish a prima facie case of obviousness.
Patent Prosecution Tool Kit: Patenting the Product Label | JD Supra
When the U.S. Food and Drug Administration approves a new drug, it also approves a package insert of the drug, known as a “product label.” A pharmaceutical company marketing a generic product is required to package their product with a product label. The generic product label is typically substantially similar to the brand product label.
Biopharma Patentees Must Navigate Inherent Obviousness - Law360
Law360 (June 23, 2020, 2:00 PM EDT) -- This year, the U.S. Court of Appeals for the Federal Circuit denied rehearing en banc in two appeals involving inherent obviousness — Persion Pharmaceuticals LLC v. Alvogen Malta Operations Ltd.[1] and Hospira Inc. v. Fresenius Kabi USA LLC[2] — perhaps missing an opportunity to clarify a doctrine that both the U.S. Patent and Trademark Office and courts have struggled to apply consistently and coherently.
Joint Research Considerations As Biotech Responds To Virus
By Melissa Brand, Pauline Pelletier and Eric Steffe Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.
INSIGHT: Biopharma Patent Applicants Should Consider a Rarely Used Strategy
The standard course of action when a finally rejected patent applicant loses an intra-agency appeal to the U.S. Patent & Trademark Office’s Patent Trial & Appeal Board (PTAB) is a further appeal directly to the U.S. Court of Appeals for the Federal Circuit. But, for those seeking high-value patents in the biopharma space, there may be a better route to overturning the PTAB’s decision.
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