US patent law | Intellepedia

Patent Invalidation in the US: The Good, the Bad and the Ugly

The post examines how patent invalidation influences innovation in the US, particularly within the technology industry. It discusses the challenges faced by start-ups and advocates for policy reforms to benefit technological progress.

Post-dating Patent Applications: Frisk it Before You Risk it!

This article explores the risks and legal considerations of post-dating patent applications, with a focus on the impact on priority dates in India and internationally. Applicants are advised to closely monitor statutory deadlines, as post-dating can significantly affect patent rights and enforcement.

Alice vs. CLS saga

The Alice vs. CLS case significantly influenced the landscape of software patent protection in the US, particularly for financial technologies. It raised critical questions about the patentability of abstract ideas and has shifted industry standards and legal strategies.

The Non-Obviousness Requirement and its Evolution – Graham vs. John Deere

This post discusses Graham vs John Deere and its importance in shaping the non-obviousness requirement under US patent law. It provides an analytical overview of the case, judicial reasoning, and ongoing relevance for patentability standards.

Public Use Exemption for Patentability

This post analyses the public use exemption for patentability through two contrasting US Supreme Court decisions. It highlights how factual circumstances and the presence of experimental use shape the outcomes in patent law.

Leading Law firm in United States

This case study highlights how a prominent US patent law firm gained access to cost effective, quality research services by partnering with a team of US legal experts. The collaboration enabled the firm to reduce costs while maintaining high service standards and operational security.

Patent Damages: How Much is Too Much?

The Uniloc v Microsoft case has reignited the debate on calculating patent damages, with the US Federal Circuit rejecting the 25 percent rule as a basis for reasonable royalty. This decision is likely to shape future patent infringement litigation both in the US and globally.

Non-obviousness of Biotech Inventions in USA

This post provides an analytical review of non-obviousness standards for biotechnology inventions in the USA, referencing key Federal Circuit decisions. It discusses the evolving judicial approach and inconsistencies in applying patentability requirements to biotech innovations.

Patentability of Biotech Inventions in USA – Patentable Subject Matter

This post provides an analytical overview of the patentability of biotech inventions in the USA, focusing on statutory exclusions and major judicial decisions. It explains how US courts interpret the product of nature doctrine and outlines current limitations and developments in biotechnology patent law.

Natural or Man Made

This post analyses the product of nature doctrine and gene patentability under US law, with reference to the BRCA gene patent case. It objectively evaluates legal and ethical perspectives, emphasising the importance of balancing innovation with access.