Patenting antibodies has long been challenging. Although most inventions can be patented based on their functionality, assuming the functionality is new and non-obvious, for antibodies and other biomolecules there is a higher standard. Although the antibody standard was recently challenged, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided to uphold it.
Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) held the term “computer” to be indefinite. That such a familiar term could be indefinite should warn patent practitioners to take care when arguing the scope of a term — even in otherwise unrelated proceedings, possibly separated by years.
Infinity Computer Products, Inc.,
In IBSA Institut Biochimique v. Teva Pharmaceuticals USA, Inc. a valuable lesson was learned about relying on a translation of a non-English patent application. The IBSA Institut Biochimique (IBSAIB) hired an Italian patent agent to file a patent application in Italian for a thyroid drug formulation. The application was filed in Italy. Within 12