Broad antibody claims under attack – USPTO issues memorandum raising written description requirements

Upon discovery of a novel biological target, an applicant may attempt to patent antibodies directed to the target, as such antibodies may have diagnostic and/or therapeutic applications. In the past, it has been possible to claim such antibodies in the US by merely stating that they are capable of binding the new biological target, and

Is the term of your US patent critical? If so, you may want to carefully consider how the US patent is prosecuted in order to maximize Patent Term Adjustment. Here’s how…

One of the many differences between Australian patent law and US patent law is the term of a patent.  In Australia, the term of a patent runs for a fixed 20 years from the filing date.  However, an extension of up to 5 years is available for certain standard patents relating to pharmaceutical substances.  Whilst

The USPTO takes the law into its own hands

On the basis of the US Supreme Court landmark Myriad and Prometheus decisions, the US Patent and Trademark Office (USPTO) has recently, without any public consultation, issued new guidelines for determining patent eligibility of claims reciting or involving “laws of nature, natural phenomena and natural products”. Significantly, the guidelines appear to extend beyond the scope