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An applicant's public disclosure of an invention will not bar issuance of a patent to the applicant provided that the public disclosure is due to use for experimental purposes, publication in a non-patent document, or display in a government sponsored or approved exhibition and that an application for the invention is filed within a six-month grace period. In other words, the subject matter disclosed by the applicant's own activities as specified above will not be considered prior art against the novelty or inventive step of the applicant's invention.

The Federal Circuit’s decision in Sandoz v Amgen will lead to biosimilar companies looking to use PTAB proceedings more to invalidate drug patents, because it is now harder for them to bring district court actions before filing biosimilar applications

With new USPTO guidance on Alice v CLS impending, companies applying for patents have been caught between waiting to file to take the guidance into account and making sure they are first to file. Alan Wright assesses how prosecution has been affected since Alice

Michelle Lee provided details on the USPTO’s guidance on eligible subject matter in light of Alice at a Senate confirmation hearing, but Senator Grassley indicated that members of the next Congress should be given the chance to ask questions before she can be confirmed

The Organisation Africaine de la Propriété Intellectuelle (OAPI) became the 93rd member of the Madrid System on December 5

The EPO’s Administrative Council meets in Munich this week against a backdrop of strikes, protests and public letters criticising the Office

With the Federal Circuit last week issuing an important decision involving biosimilars in Sandoz v Amgen, Marion Webb reports on the issues at play in the coming patent war between biosimilar and innovative companies

A new report suggests that foreign plaintiffs in IP cases are winning at higher rates in Chinese courts than Chinese rights holders, notwithstanding long-standing concerns about bias in favour of domestic enterprises

Shogo Asaji has joined Jones Day’s Tokyo office as a partner

Our next webinar, on Thursday this week, promises to be essential for anyone who manages or advises on creating and managing a corporate IP portfolio