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By Philip L. Hirschhorn | September 28, 2022
This article is directed to such discretionary denials, and the difficulties arising from the lack of denial standards and from the gamesmanship of counsel, and the pending movement toward rulemaking to alleviate these concerns.
8 minute read
By Rob Maier | September 27, 2022
In August of this year, Senator Thom Tillis introduced the Patent Eligibility Restoration Act of 2022 which would provide guidance for how to analyze patent claims to determine eligibility. This article discusses the potential impact the bill would have on software and biotechnology inventions and also patent litigation.
8 minute read
By Jeanna Wacker, Tasha Francis Gerasimow and Annie Chan | September 13, 2022
The boundaries surrounding the Hatch-Waxman safe harbor are not always clear. This article explores the statutes and recent case law surrounding the provision to shed some light on its contours.
8 minute read
By Matthew Siegal | August 30, 2022
Absent an express disclaimer or special definition of how a term is to be interpreted, it can be frustrating to get a court to reject the plain and ordinary meaning of claim language read in a vacuum, based on the subtleties of how a term is used in a patent or its prosecution history.
7 minute read
By Vadim Cherkasov and Jeffrey P. Safran | August 26, 2022
The top U.S. patent court has confirmed what many were expecting in the patent community—that artificial intelligence (AI) is not considered an "individual" according to the Patent Act and thus AI cannot be named as an inventor on a patent.
4 minute read
By Isha Marathe | August 24, 2022
If in fact the U.S. followed suit behind Australia and South Africa to name AI as the inventor of a patent, it would bring up a handful of issues within the Patent Act that would result in a long road of litigation.
6 minute read
By Scott D. Locke | August 19, 2022
This article provides a discussion of the "low standard" for non-obviousness—one of the requirements for the patentability of a design—that is now consistently being applied by the USPTO and the courts.
11 minute read
By Scott Graham | August 5, 2022
Friday's decision likely ends a high-profile legal debate over whether the Patent Office can broaden the definition of "inventor" to accommodate creative machines.
3 minute read
By Justin Henry | August 1, 2022
Former Stradley IP co-chair Joe Rossi and partner Paul Legaard pointed to their new firm's name recognition and critical mass of patent professionals to explain the move.
6 minute read
By Jessie Yount | July 29, 2022
The firm has significantly expanded its IP practice in recent years, with growth in Boston, New York, Washington, D.C., and Austin.
2 minute read
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