FDA Approval Collides With Patent Law

Introduction: The recent (August 5, 2021) Federal Circuit decision of GSK v Teva, finding Teva induced infringement of a GSK patent, has created a conundrum in the drug patent world.  The facts are a little bit complicated.  However it is interesting to see the Government trip over itself through contradictory regulations.  The following is useful…

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Demystifying Patent Applications

Introduction: The patent process may appear to be a dark hole through which time and money disappear.  I am attempting to demystify patent applications.  I write frequent posts urging that that IP be protected through the filing of provisional applications for patent.  But what is an application for patent?  What does it consist of?  I…

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Attacking a “Junk Patent”

Introduction: Sometimes the USPTO screws up and issues a patent for a product or method that has been used in the industry or is well known.  Junk patents are often used by “patent trolls” to extort money from legitimate businesses.  Congress sought to provide a remedy from junk patents being asserted against businesses.  In 2012,…

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Trademark-Design Patent Overlap

INTRODUCTION:  This article explores the trademark-design patent overlap.  The maker of a new product or service wants to distinguish its goods/services from the competition.  A distinctive style of a product, identifying the maker or source of the product, can be valuable intellectual property.  Note I have previously written on the distinctions between trademarks and patents. …

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Fair Use of Software

  Introduction: Google v. Oracle:  Does Google have the right to verbatim copy 11,000 lines of copyrighted Java SE code?  If yes, then how will a small software developer’s original software be protected from “rip-off”?  What is fair use of software?  See my post on the Google dispute and “fair use”.  This is supposed to…

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Fair Use of Copyrighted Software

    Introduction: At issue is the scope of permitted fair use of copyrighted software.  I have written on the scope of copyright protection and contrasted it with patent coverage.  Copyright does protect an embodiment of an idea, but not the underlying idea.  Ideas are protected by the 20 year term of a patent, and…

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Patent or Trademark?

  Introduction: I continue to receive questions prefaced with a statement “I have an idea and I don’t know if I should patent it or trademark it?”  Patent or Trademark.  The question is often stated in various ways but I think you get the idea.  There are fundamental differences between requirements and rights of patenting…

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Post Patent Grant Challenge

INTRODUCTION: After you have achieved the award of a patent, you may still be subject to challenge from competitors.  You may face a post patent grant challenge.  Part of the America Invents Act or AIA the USPTO established a procedure called a Post Grant Review.  The procedure gives third parties up to 9 months after the grant of…

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Patent Goulash For Engineers

INTRODUCTION: I wrote an article in October 2019 for mechanical engineers (and others) warning that the Section 101 morass, i.e., Patent Goulash, was not limited to computer software business methods or medical diagnostic procedures.  The long twisted arm of unpatentable “natural law” and “abstract ideas” was extending to patent applications for improved mechanical structures.  See Mechanical Engineering and…

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