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4 publications

Pitfalls that US origin cases experience in the EPO

By Sylvain THIVILLIER, head of Munich Office and Christine McCARTHY, Partner, BARNES & THORNBURG LLP
v5570- Sylvain THIVILLIER.jpg Dual protection of patentable innovations in the US and Europe has long strengthened the relationship between those economic markets and affected competition therein. However, patent applicants beginning their pursuit of protection with US origin applications at the United States Patent and Trademark Office (USPTO) often face significant but often avoidable challenges in protecting their innovations in the European Patent Office (EPO).
Published on: 18th Oct 2016

The US patent system (still) requires more than the laws of Nature…

By Frédérique FAIVRE PETIT, Partner
vignette F.FAIVRE-PETIT (3).jpg US patent law is probably one of the most lenient in the world: it provides for no exclusion in principle and requires solely that an invention must be, as a first condition, useful (within the meaning of 35 USC 101) before it is examined from the viewpoint of "conventional" patentability criteria such as novelty and inventive step.
Published on: 28th Jul 2014

MYRIAD: Over 30 years of practice is being revisited by the United States Supreme Court:Isolated DNA is now longer patentable! Hard times for United States protected biotechnology inventions

Frédérique FAIVRE PETIT, Partner
vignette F.FAIVRE-PETIT (3).jpg The Biotechnology industry has been decidedly mistreated by recent decisions in the US which are disrupting over 30 years of practice concerning the protection of inventions relating to or involving genes. This is creating a great uncertainty about the value of corresponding US patents.
Published on: 1st Jul 2013

The United States are changing their patent rules

By Marie AUDREN and Barbara CASADEWALL, European and French Patent Attorneys
After a decade of discussions for reforming patent legislation, the United-States finally passed the Leahy-Smith America Invents Act. The bill was signed by President Obama on September 16, 2011.
Published on: 1st Sept 2011