“The backlog is indeed our biggest problem.” ~ USPTO Director David Kappos CBS News ran a story on Sunday on the growing backlog at the U.S. Patent & Trademark Office. Since the federal patent agency was created in 1790, the U.S Patent and Trademark Office has issued 7,752,677 patents. Now, with an average wait time […]

Where once we were isolated legal students, practitioners, and academics who could share our thoughts only with those in proximity, blogging and social media have turned us all into a kind of “other memory” for one another. ~Colin Samuels, Blawg Review Sherpa Emeritus Blawg Review #276 is out at the Securing Innovation business blog, published […]

Eli Lilly lost an appeal from a final judgment of the U.S. District Court for the Eastern District of Michigan, finding claims 2, 6, and 7 of U.S. Patent No. 5,464,826 invalid for obviousness-type double patenting over its earlier U.S. Patent No. 4,808,614.  See, Sun Pharmaceutical Industries v. Eli Lilly and Co., United States Court […]

BioOhio Annual Conference “Innovation Road Show” This year BioOhio has decided to take its annual conference networking and learning experience around the state.  At each 1-day event, the focus will be on innovation… defining it, discussing it, debating it, and understanding how essential  it is from R&D through commercialization to market. For 2010, one event […]

Hot on the heels of the Bilski decision in the US, the Australian Patent Office has now refined the Australian test for the patentability of business methods. The patent application in question relates to a “Method for Commercialising Inventions”.  The main independent claim read as follows: 1. An invention specific commercialization system to facilitate success […]

  Lilly sued Novopharm for infringement under Canadian Patent No. 2,041,113, a selection patent for the compound olanzapine (sold under the brand name Zyprexa), owned by Lilly. Olanzapine is used to treat schizophrenia. Novopharm argued that the ‘113 Patent is invalid.  A Federal Court judge (the trial judge) agreed with Novopharm and dismissed Lilly’s action.  […]

On the final day of the term, the U.S. Supreme Court released its long-anticipated decision in Bilski v. Kappos.  Experts discuss the implications of the decision, and give keen insight into the case. To listen, please right click on the audio file you wish to hear and then select “Save Link As…” or “Save Target […]

BioPatent Design2010 Building a Robust, Secure Biological Patent to Ensure First Time Approval, Protect Product Revenue and Prevent Incoming Attack The area of BioPatent Design is rapidly evolving, with new developments sparking the Gene debate, developments in Biosimilars, protection issues with regards to DNA sequencing patents, vaccines and stem cells as well as new guidelines […]