Patent owner options for correcting errors in US patents after grant.

With the implementation of the America Invents Act, there has been considerable focus on options for third parties to attack the validity of US patents. However, there have also been a number of important court cases in the USA that have considered the question of what may be patented in the USA. These decisions have radically changed what may be patented in the USA, particularly in the field of biopharmaceuticals.

First-to-invent versus first-to-file: impact of the AIA.

On March 16, 2013, the USPTO switched from a 'first-to-invent' to a 'first-to-file' patent system. Under the 2011 America Invents Act, patents will be awarded to the first inventor to file a patent application as opposed to the date of invention. Now, over a year since the main provisions of the America Invents Act (AIA) came into effect, Pharmaceutical Patent Analyst has invited a selection of IP specialists and researchers from the US to discuss the implications of this new law and how it will affect future pharmaceutical and medical R&D.

Inventorship and ownership considerations and pitfalls with collaborative research: patent highlight.

Collaborations can be very productive and beneficial for research. However, there are a number of considerations and pitfalls with regard to issues of inventorship and ownership that should be considered before entering into any research agreement to avoid the possible loss of patent rights.