The U.S. Patent and Trademark Office (PTO) has opened a priority track for patents related to the COVID-19 pandemic, another signal of federal government intent on overcoming this new plague. However, Scott Marty, a partner with the Atlanta office of Ballard Spahr LLP, told BioWorld that while the program offers some distinct advantages for pandemic-driven patents, inventors should have their filings in good form before entry because any delays incurred by a less-than-airtight application could lead the PTO to boot the application out of this program.
The U.S. Patent Trial and Appeal Board (PTAB) determined it would not take an inter partes review petitioned by Advanced Bionics Inc., in a patent dispute with Med-El Elektromedizinische. The precedential PTAB decision notes that it had invoked a two-step process for declining to take the petition as seen in a patent dispute involving Becton Dickinson and Co., and affirming that this will be the standard for addressing prior art in such appeals going forward.
The case of Arthrex v. Smith & Nephew, Inc., has raised a host of questions about the appointment of judges to the Patent Trial and Appeal Board (PTAB), and witnesses at a congressional hearing said a Supreme Court review might be two years in coming. Any such resolution might not clear out the thicket of underlying legal questions, however, and thus the witnesses urged Congress to take action quickly even as the Federal Circuit considers an en banc hearing of the matter.
The U.S. Court of Appeals for the Federal Circuit has decreed that the regulations governing appointment of judges to the Patent Trial and Appeal Board (PTAB) violate the U.S. Constitution – a decision that gives a medical device maker a new bite at patent litigation, but which also raises the question of whether a large number of PTAB decisions will have to be relitigated.
The U.S. Patent and Trademark Office's (PTO) January guidance is credited with improving the patent examination process, but case law still rules the world outside the halls of the agency, a fact that suggests life science applicants draft their claims with an eye toward both the courts and the PTO.
CLEVELAND – Patents took center stage on the final morning of Cleveland Clinic's Medical Innovation Summit, with two experts shedding some light on the issues surrounding patentability – particularly in light of recent legal cases and a hearing before a subcommittee of the Senate Judiciary Committee.
