Posts in Patent Prosecution
What Does It Take to Get a Patent? Perseverance Is a Key Ingredient

{3:00 minutes to read} What does it take to get a patent issued? One ingredient that clients often struggle with is perseverance. The reality of getting an issued patent is that it is often a struggle. For those caught in this trap — you should get some comfort from the fact that many of the most innovative concepts have often taken years to get out of the patent office.

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What Is a Written Description in a Patent?

A critical aspect in patent drafting is the “written description requirement.” (35 USC §112(a)). This is a standard feature of all patent systems, which requires that claims be “supported” by the specification. Shortfalls in meeting the written description requirement are common mistakes that inexperienced patent attorneys and “do it yourselfers” can get into trouble with.

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Developments in Obviousness Law and How It Could affect Your Invention

In the recent Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc., No. 2017-2078 (Fed. Cir. Sept.10, 2018) decision, the Federal Circuit (the US appeals court for all patent cases) made a very harsh obviousness conclusion that may leave a big potential round of financing from Acorda investors out in the cold. I believe this decision, while directed to the life sciences specifically, is instructive in all areas of technology, and illustrates the importance of using an experienced patent attorney.

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