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USPTO

Patent Infringement provisions of Section 271 are not effective to prevent potential “off-label” sale of drug covered by method claims reciting approved use.

Once a drug has been approved by the Food and Drug Administration (FDA) for sale for one purpose, doctors can legally prescribe it for any...

Federal Circuit Court Issues Decision Changing Standard for Duty of Disclosure and Requirements for a Finding of Inequitable Conduct; USPTO Proposes Rule Change to Implement Decision

Articulating a new “but for” materiality standard in Therasense, Inc. v. Becton, Dickinson & Co., the Federal Circuit has said that its decision should reduce...

U.S. Government Budget Cuts Cause Cutbacks at USPTO

While the U.S. government avoided a shutdown over federal budget cuts, the budget agreement has had a negative effect on funding that the United States...

U.S. Patent Office Response to Government Closure

Near midnight on Friday, the U.S. Congress reached agreement on a one-week extension of funding for federal agencies, narrowly averting a shutdown. It is expected...

New Fast-Track Patent Program

The Bayh-Dole Act (1980) was intended to give government contractors incentive to commercialize government-funded inventions by permitting the contractor to retain title, so long as...

A New Route to Obtaining a Fast Office Action

The United States Patent and Trademark Office (USPTO) is providing a temporary program under which an application will be advanced out of turn for examination,...

Proposed Modifications to Rules Governing Appeals Before the Board of Patent Appeals and Interferences Would Bring New Challenges to Appellants

On November 15, 2010, the United States Patent and Trademark Office (USPTO) issued a Notice of Proposed Rule Making and request for comments, proposing modifications...

USPTO Obviousness Examination Guidelines Updated

On September 1, the United States Patent and Trademark Office (USPTO) published 2010 KSR Guidelines Update, an update on the guidelines for examination of patent...
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