FDA Exclusivity-An Incentive for Drug Research?

Known substances can be useful medical treatments. But there maybe no market incentive to conduct necessary research and development to prove the benefits. There also may be no incentive to seek regulatory approval. FDA market exclusivity may provide this incentive without change in US patent laws.

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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Obviousness Rejections 2021

Introduction: An application for patent is typically rejected by the USPTO examiner after the first examination.  But the USPTO examiner must provide specific written reasons justifying the rejection.  The applicant has the right to respond to the rejection to point out why the examiner is in error or to amend the claims of the application…

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Is It Patentable? III

Introduction: Is it patentable?  An inventor is entitled to a patent unless the invention is not patentable subject matter (Section 101), is not novel (Section 102) or is obvious (Section 103).  I have discussed what is and is not patentable subject matter.  See my posts of Patenting Computer Software and Avoiding Unpatentable Ideas.  I have…

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Is it Patentable?

Introduction: Is it patentable?  This is the ultimate question when considering how to protect your good idea.  The answer depends upon several considerations.  First, is it patentable subject matter?  Also is your idea already known?  If not already known, is it merely an obvious variation or combination of things that are known? The most common…

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Patenting Computer Software

INTRODUCTION When is software patentable?  Can you obtain a computer software patent?  It is generally understood that it is difficult to obtain patent protection for computer software.  This is a subtopic of the question of when it is possible to patent a method of doing business. There are some guidelines.  This includes guidance for determining…

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International Patent Filing Options

  INTRODUCTION: Clients have from time to time inquired about international patents.  However there is no such thing.  Patents are issued and enforced by individual countries.  There is, however, an international patent application.  Such an application is filed through the regulations of the Patent Cooperation Treaty (PCT).  Approximately 150 countries, including the US, are members…

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