The Patent Lawyer
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Open source and AI from a community-based intellectual property perspective
We recently had the opportunity to speak with Keith Bergelt, the CEO of Open Invention Network (OIN). OIN is the largest patent non-aggression community in history and the forerunner to many other organizations that have been formed to collectively shield companies...
Federal Circuit lowers barrier for ITC patent enforcement: a win for small biotech firms
In an important decision that has significant implications for patent enforcement in the biotherapeutic and cell culture arts, the Federal Circuit has reaffirmed the International Trade Commission’s (ITC) authority to block the importation of infringing. The ruling in...
Clarivate reveals Top 100 Global Innovators 2025
The Top 100 organizations generate $4.6 trillion in annual revenues, representing 4.4% of the global economy Clarivate Plc, a leading global provider of transformative intelligence, today revealed its 2025 ranked list of Top 100 Global Innovators – the organizations...
Letters Rogatory: a valuable tool for the collection of evidence across borders
The case involves a patent dispute between Pfizer Inc. and its subsidiaries (FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., and Wyeth LLC) (Petitioners) against Softgel Healthcare Private Limited (Respondent), an Indian company. The dispute centers around the alleged...
New continuation application fees: why and at what cost?
Earlier this year, the US Patent and Trademark Office (USPTO) instituted new fees related to the filing of continuation patent applications. As a refresher, a continuation application is a second or subsequent patent application filing that claims the benefit of an...
Proposed “reasonable pricing” march-in factor risks chilling innovation in attempt to leverage Bayh-Dole to lower drug prices
The National Institute of Standards and Technology (NIST) recently published a Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (framework). The framework instructs federal agencies to consider “unreasonable pricing” as a factor in...
Businesses save record amount of corporation tax through Patent Box scheme: £1.4 billion in relief in just a year
Relief could be made more generous to encourage innovation UK companies spending on R&D still lags behind the United States, Germany, and Japan The amount of tax saved by businesses through HMRC’s Patent Box scheme has increased by 23% over the last five years,...
USPTO issues inventorship guidance on AI-assisted inventions
The USPTO recently issued inventorship guidance for inventions assisted by artificial intelligence (AI). The guidance explains that “AI-assisted inventions are not categorically unpatentable.” However, a natural person must have provided a “significant contribution”...
Banning patents on plants produced by NGTs could damage innovation and jobs in Europe
Biotechnology is one of the key technologies with a significant potential to boost Europe’s competitiveness, whilst providing solutions that contribute to reaching the EU’s sustainability ambitions, according to many including the EU Commission. A new regulation for...
UK IPO publishes update and forward look on SEPs work
Standards and standard essential patents (SEPs) are of growing importance to the UK economy and the Intellectual Property Office (IPO) is committed to ensuring the current SEPs framework functions effectively to encourage innovation and promote competition. In the...
Strategic battlegrounds: Intel’s high stakes IP litigation in the German court
The recent legal skirmish between Intel and R2 Semiconductor in a German court is a call to action for a strategic re-evaluation of how companies manage their most valuable assets: intellectual property (IP). As an IP consultant and inventor of over 100 patents, I...
The EPO’s new fee structure to provide 30% fee discount for small applicants
The European Patent Office (EPO) recently announced a revised fee structure that will allow applicants who are deemed to be 'microenterprises' to receive a 30% reduction on many of the EPO's official fees. The new fee structure intends to promote access to the...
EPO updates guidelines for examining AI inventions
The European Patent Office (EPO) has released a draft of its new Guidelines for Examination, which will come into effect on 1 March 2024. The new guidelines include some important updates to the EPO’s practice for examining inventions in the fields of artificial...
Another milestone in China’s implementing regulations of patent law
The Implementing Regulations and Examination Guidelines came into force in January this year. The new regulations have optimized the previous version in aspects such as application, examination, enforcement, and protection. These optimizations should make applying for...
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