Law & policy

Latest content

Reform of Section 101 should be part of US government technology policy

Saturday Opinion: Without a coherent approach to capturing domestic value from R&D including greater clarity on subject matter patentability, the positive consequences of higher US government funding will be felt as much in Berlin, Bangalore and Beijing as Boston

24 September 2022

USPTO director Kathi Vidal is wielding review authority to change policy on discretionary denials

Despite her caution against reading too much into her rulings, PTAB practitioners are noting patterns and predicting their significance

23 September 2022

How the America Invents Act has hurt SMEs

As the legislation celebrates 10 years, Michael Renaud, Jonathan Engler and Jessica Perry of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo analyse a decade of data to reveal that, far from helping small businesses by improving patent quality, it has only succeeded in driving them out of US district courts.

21 September 2022

As the US mid-term elections near, some wonder whether the Senate’s IP sub-committee will survive

With the retirement of Patrick Leahy and the overall race too close to call, uncertainty is the name of the game in Washington DC

14 September 2022

Vidal’s take on discretionary denials breathes fresh air into PTAB

Saturday Opinion: The new USPTO director is doing what Congress intended the America Invents Act to do with the post-grant invalidity challenge system it created

10 September 2022

Asia, US IP office leaders look to keep apace with AI and NFTs

Patent bodies must adapt and evolve to address knowledge gaps in changing digital landscape

09 September 2022

Chinese Supreme Court’s first patent linkage ruling is a mixed bag

The top court speedily backed an earlier judgment against rights owner Chugai Pharmaceuticals

08 September 2022

USPTO director seeks to drive US patent standards participation

Kathi Vidal says the agency is working with NIST and the Biden administration to build strategies that will lead to greater involvement

07 September 2022

Why the United States urgently needs patent subject-matter eligibility reform

The law is in a state of disarray that has led to inconsistent case decisions, deep uncertainty in the innovative, investment and legal communities, and unpredictable outcomes in prosecution and litigation. David Kappos, Paul Michel, Corey Salsberg and Matthew Dowd argue that the United States' legislators must act to ensure the country maintains its long-standing competitive edge in the global innovation race

07 September 2022

An unwelcome bend in jurisprudence for patent composition claims?

A recent judgment from the Delhi High Court emphasises procedural irregularities and denial of principles of natural justice resulting from the controller issuing a non-speaking order in a case involving non-patentable subject matter.

07 September 2022

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