Monday, June 27, 2011

Politico Comments on Patent Law Amendments Clearing House

The American Invents Act looks more and more likely to pass into law, as the bill only needs final approval from the Senate and a signature from President Obama, which he has indicated he will give. 

The bill has retained proposed changes from a first to invent patent system, into a first to file system, unpopular in some quarters.  The bill also addresses ending USPTO fee diversion, a strong driver of the bill, a factor that has been gaining more support as the USPTO suffers from budget cuts in the present fiscal year.

Patent law rewrite clears House - Brooks Boliek - POLITICO.com

Wednesday, June 15, 2011

Interesting Article: China Leading in Chemical Patent Applications

http://www.eurekalert.org/pub_releases/2011-05/acs-crk052311.php

EU Court of Justice Considereing Test Case on Stem Cells

See the link below on a test case that could make it illegal to patent any application that may utilize stem cells.

http://www.thecourier.co.uk/Community/College-and-University/article/13459/court-ruling-on-stem-cell-patents-could-hit-dundee-s-biotech-sector.html

Microsoft Argued nto Lower the Burden of Proof Bar at Trial

In the case Microsoft v. i4i, Microsoft argued a position which could have drastically change patent law. They argue that a party being sued as a patent infringer should not need to show supporting evidence to the established standard of "a preponderance of the evidence" and instead proof showing that they are not infringing the complainants patent to the level of "clear and convincing" should satisfy their burden of proof.

See other comments:
http://www.pharmapatentsblog.com/supreme-court-decisions/supreme-court-ponders-burden-of-proof-in-i4i/

http://www.jdsupra.com/post/documentViewer.aspx?fid=38adc0d1-dea6-4f0a-920f-4df4e29814bd