America Invents Act, Biotechnology, Patent Applications

America Invents Act › Biotechnology › Patent Applications

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

Take That Conception Out of the Oven – It’s CRISPR Even If the Cook Doesn’t Know

McDermott Will & Emery on 5/23/2025

Addressing the distinction between conception and reduction to practice and the requirement for written description in the unpredictable arts, the US Court of Appeals for the Federal Circuit explained that proof of conception...more

2021 PTAB Year in Review: Analysis & Trends: Case Studies and Trends at the PTAB Involving 35 U.S.C. § 112

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/15/2022

Over the last 20-plus years, US Court of Appeals for the Federal Circuit cases concerning written description and enablement have become a hot-button issue in the chemical and life sciences practices. The year 2021 was no...more

2021 PTAB Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/7/2022

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

In Helsinn Healthcare, the Federal Circuit Offers Guidance on the On-Sale Bar under the AIA

Knobbe Martens on 5/8/2017

The sale of a product prior to filing a patent application, or “on-sale bar,” has long been a potential barrier to obtaining a patent in the United States. Especially in the biotechnology space, which can involve a long...more

Not Just a Formality? USPTO Sequence Rules May Impact Existing Biotech Portfolios

Knobbe Martens on 12/23/2016

Patent applications containing nucleic acid or protein sequences are required to include an electronic sequence listing using a required format and standard symbols. The United States Patent and Trademark Office (USPTO), in...more

USPTO Issues Performance and Accountability Report for FY 2015

McDonnell Boehnen Hulbert & Berghoff LLP on 3/4/2016

The U.S. Patent and Trademark Office recently released its Performance and Accountability Report for Fiscal Year (FY) 2015. In describing the USPTO's strategic and performance-planning framework, the 2015 report begins by...more

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