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USPTO Withdraws Proposal to Add New Terminal Disclaimer Requirements

The U.S. Patent and Trademark Office ("USPTO") has withdrawn its proposed rule regarding terminal disclaimer requirements....more

USPTO Extends Comment Deadline on Patent Eligible Subject Matter Guidance for AI Inventions

The USPTO has extended the public comment deadline in order to afford all stakeholders an opportunity to weigh in on the subject matter eligibility of AI inventions....more

USPTO Issues Patent Eligible Subject Matter Guidance for AI Inventions

The Situation: Concerns that uncertain and unpredictable patent subject matter eligibility jurisprudence thwarts U.S. economic and technological advancements are especially acute in the fast advancing AI space. Stakeholders...more

NIH Seeks Comments on Patient Access Plan Requirements in Patent License Agreements

The Situation: The National Institutes of Health ("NIH") proposed a new policy requiring entities that receive licenses from the NIH to certain taxpayer-funded inventions to submit Access Plans for ensuring broader patient...more

Federal Agencies Seeking Patent Seizure Authority Through Draft NIST Guidance

The Situation: On December 8, 2023, the National Institute of Standards and Technology ("NIST") released a proposed framework for federal agencies regarding the exercise of the government's march-in rights for federally...more

Secret Sales Are Still Prior Art: U.S. Supreme Court Affirms Helsinn Healthcare

The Supreme Court unanimously finds that the AIA's "on sale" statutory language did not alter the pre-AIA "on-sale" bar. On January 22, 2019, the U.S. Supreme Court held that the America Invents Act ("AIA") did not change...more

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