Artificial Intelligence as an Inventive Tool and Its Implication to the PHOSITA Standard
Daniel Y. Lee is a J.D. Candidate, 2021 at NYU School of Law. The age of AI-inventors may already be here. This year saw the first patent applications filed in…
Draft Bill to Overhaul what is Eligible for a Patent
Magdalena Christoforou is a J.D. candidate, 2021 at NYU School of Law. On May 22, 2019, a bipartisan group of lawmakers unveiled a draft bill to rewrite the law on…
Strawberry Patent Wars Forever
To a casual grocery shopper, looking to find the perfect topping for her shortcake, ingredient for her smoothie or vehicle for her heavenly chocolate fondue, patents are probably the last…
Supreme Court to Hear Case on AIA “Secret Sales.”
What is the America Invents Act (AIA)? The path to patentability has many obstacles, and inventors’ own actions sometimes stand in the way of the U.S. Patent and Trademark Office…
The Impending Arrival of Newly Proposed Patent Subject Matter Eligibility Guidelines: An Opportunity for Clarity?
On April 11, 2018, the Director of the United States Patent and Trademark Office (USPTO), Andrei Iancu, delivered remarks at the United States Chamber of Commerce Patent Policy Conference, stating…
Appeals from PTAB to the Federal Circuit: Injury-In-Fact Standing Requirement
There is a long-awaited clarification with regards to the question of whether a petitioner could appeal an adverse decision in an inter partes review (“IPR”) proceeding in the Patent Trials and…
CRISPR Systems: Natural Occurrences & the Trans-Atlantic Divide over Patent Rights
Clorox sells a product, “disinfecting wipes,” that boasts on its container, “Kills 99.9% of Viruses & Bacteria.” It’s a great product, and I use it every day. But it’s a…
Oil States: SCOTUS Preserves IPR Status Quo
On April 24, 2018, the Supreme Court of the United States, in a 7-2 majority, decided Oil States Energy Services v. Greene’s Energy Group, holding that Inter Partes Review (IPR)…
The Federal Circuit Weighs in on CRISPR
Gene editing was once quite difficult. Though it was not impossible to insert a new sequence of DNA into a bacterium and measure the effects, as recently as a decade…
Sandoz Inc. v. Amgen Inc. and Its Implications
Background of the Case: Sandoz Inc v. Amgen Inc., 137 S. Ct. 1664 (2017) is a case that involved statutory construction of the Biologics Price Competition and Innovation Act…