Chris Brandt

Jonathan Platt discusses the recent Federal Circuit ruling that a pre-filing private sale does not constitute a public disclosure for purposes of excluding a prior art reference. Learn more about how this precedent affects the desirability of getting a patent application filed as early as possible: https://lnkd.in/gTzRuwqE #iplaw , #innovation , #patentlaw

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In my experience, nothing good usually comes out of Congress when they decide to tinker with patent law. Yet, in a rare twist, the Patent Eligibility Restoration Act is right on the money. This bill aims to reverse the trend of overly broad judicial exclusions of subject matter from patent eligibility, restoring innovation's rightful place in our legal system. A recent article on Patently-O (see link below) notes the importance of this act and how it would counteract decisions like Mayo, Myriad, and Alice, which have unduly limited patent eligibility in the life sciences and tech sectors. As noted by the article, the Act represents "a broad expansion of patent eligibility—particularly for diagnostics, software, and natural products," potentially unlocking a new era of innovation. Unfortunately, the chance of it passing in this political climate is slim, making it feel like another missed opportunity for meaningful change in the IP space. #PatentLaw #USPatentLaw #PERA #USPatent #Patent #USPTO #USLegislation #TechLawyer

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The issues of patent-term-adjustment, terminal disclaimers, and obviousness-type double patenting continue to be part of the policymaking debate. A new Patently-O post that I wrote looks again at the Cellect petition before the Supreme Court, questioning whether the judge-made ODP properly takes precedence over the statutory requirement of PTA. The case also raises a question of whether the Federal Circuit has gone astray with its ODP analysis by failing to consider the equities of the situation. Although the doctrine has origins in equity, the Federal Circuit applies the doctrine as if it were a rule of law. My post focuses on the New York Intellectual Property Law Association (NYIPLA) amicus brief filed by Jeffrey I. D. Lewis and his Foley Hoag LLP team. https://lnkd.in/gx3fZ4qT While many have argued for weakening the ODP doctrine because of the change in patent term, the Patent Office has separately indicated its plan to expand the doctrine by requiring more extensive waivers by patentees within their terminal disclaimers. In particular, the new rule would require the patentee to agree that the terminally disclaimed patent will be unenforceable if any claim of any related patent is found to be anticipated or obvious. The USPTO is currently seeking comments on this proposed rule. https://lnkd.in/gVQfbmyZ

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Click to read the latest #ProtectingtheProduct design-related blog post where my Quarles & Brady LLP colleagues Rachel Ackerman and James Aquilina discuss the USPTO's expedited path to examination known as the “Rocket Docket" And I recently attended a presentation by James on #designpatent and #tradedress #patents #rocketdocket #uspto

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⚖️The Federal Circuit's recent decision in LKQ v. GM to discard longstanding tests for proving a design patent is invalid has changed things significantly for both patent examiners and applicants. Director Tracy-Gene G. Durkin talked to Law360 about the impact of this on patent practice, noting that it was "interesting to see that the patent office is really putting the burden on examiners to make the case for obviousness in a much stronger way than, to be honest, there existed before the LKQ case was decided." Stay tuned for more updates as we navigate this new standard. https://gag.gl/3UT4VX #DesignPatents #FederalCircuit #IntellectualProperty

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