Patent Baristas

The Enlarged Board of Appeal of the European Patent Office gave a second (and final!) rejection of the human embryonic stem cell patent by University of Wisconsin’s Wisconsin Alumni Research Foundation (WARF). See Wisconsin Alumni Research Foundation, Case Number: G 0002/06. Deciding that it would be against the “public order” to grant the patent since […]

The Ex Parte Appeal Rule which was set to go into effect December 10, 2008 is officially DELAYED.  The Rules will not go into effect tomorrow as originally posted.  A notice to be published in tomorrow’s Federal Register reads as follows: The proposed information collection request is currently under consideration for approval by OMB.  The […]

On June 10, 2008, the USPTO published new Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals (73 Fed. Reg. 32937-32977, June 10, 2008; Final Rule). The new rules apply to all appeals in which an appeal brief is filed on or after December 10, 2008. However, before these […]

Dear editor, Your blog at https://patentbaristas.com/archives/2008/12/05/new-uspto-patent-appeal-procedures-still-on-for-december-10-2008/#respond has a quote from an OMB spokesperson who was asked about the appeal rule’s review: “The Paperwork Reduction Act gives OMB 60 days to review agency information collections. While every effort is made to conclude reviews within this time-frame occasionally reviews take longer in order to gather and analyze […]

The European Commission has published its preliminary report on the competition inquiry into the pharmaceutical sector, which concludes that competition in this industry does not work as well as it should. According to the preliminary findings there is evidence that brand name companies engaged in delaying or blocking market entry of competing medicines. Delaying tactics […]

The quarterly customer partnership meeting of the biotechnology, chemical, and pharmaceutical (BCP) technology groups at the U.S. Patent and Trademark Office, provided an update on the training and development of Examiners.  Janet Gongola, Associate Solicitor for the Office of the Solicitor, presented a new training module for teaching patent examining corps about case law. According […]

Well, oral arguments were held yesterday at the U.S. Court of Appeals for the Federal Circuit to hear the matter of the Tafas v. Dudas and the US Patent Office, an appeal of the claims and continuations rules promulgated by the USPTO which were preliminarily enjoined and ultimately permanently enjoined by the District Court effect […]

On June 10, 2008, the USPTO published new Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals (73 Fed. Reg. 32937-32977, June 10, 2008; Final Rule). The new rules apply to all appeals in which an appeal brief is filed on or after December 10, 2008. The Board of […]