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.

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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Stolen Invention!

  Introduction: Derivation Proceeding:  You conceive of a new invention.  You disclose it to a trusted party.  Perhaps the trusted party helped you on the invention.  You belatedly find out the trusted third party filed a patent application on the invention without listing you as an inventor.  A stolen invention.  What do you do?  …

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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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Design Patent Infringement – Dissenting Opinion

INTRODUCTION: I recently discussed the usefulness of pursuing design patents.  The Federal Circuit just ruled on a case of design patent infringement.  Lanard Toys Ltd., v. Dolgen Corp LLC, 19-1781 (Fed. Cir. 2020).  An image copy of the object subject of the design patent is compared below to the claimed infringing product.  Note that the Federal Circuit decision makes…

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Design Patents: $1 Billion Stepchild

INTRODUCTION: Everyone remembers Apple being awarded $1 billion in damages against Samsung for copying the design of Apple’s iPhone.  The award was the product of Apple obtaining a patent on a smart phone design, particularly the curved corners of the smart phone frame.  Samsung’s copying of a curved frame probably seemed a trivial detail to some.  However Apple…

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WHAT IS A PATENT?

Introduction What is a patent?  Simply stated, a patent is the exclusive right to prevent others from making, using or selling the invention or things made using the invention. Surprising?  See the following discussion. Discussion Technically, a patent does NOT give you the right to make use or sell the products of your invention since…

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Patents, Trademarks & Copyrights

  Introduction The following is a brief summary of each tool for protecting intellectual property (IP). The tools discussed are Patents, Trademarks & Copyrights. Patents Patents protect an idea (invention) that is embodied in a device or method.  This is different from Copyright and Trademarks. The vast majority of patents are “utility patents”. There are also plant…

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Prior Use Defense: Trade Secrets v. Patenting II

Indroduction This blog is a clarification of my prior article entitled Trade Secrets v. Patenting.  In my prior article, I stated that a party using a technique or method in manufacturing as a trade secret would lose the right to continue practicing the trade secret if the secret technique or method became subject of a patent by…

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