Archive for the ‘Drafting Medical Technology Patents’ Category

Single Letter Wrong in Medical Patent on Heart Surgury Solution Spells Disaster

Osmolarity  vs. Osmolality – What a difference a single letter makes!  Can getting a single letter of the alphabet wrong in an issued patent spell disaster when it comes to litigating against infringers?  Unless the mistake is seen as being a minor typographical error that can be corrected by filing a certificate of correction, the answer is a resounding yes. Ha... Read More

Patent Approved for Hythiam’s Alcohol Treatment Program

Interest in the mind-body connection in particular is a trend that has continued to grow over the last several years, and you can see this in patented products in virtually every category, including fitness, publishing, alternative health practices, the expansion of nutraceuticals into even our soda, etc.

Patent office overstretched due to increased workload – WIPO Report

The WIPO Patent Report, 2007 Edition, mentions that, Increasing demand has led to increases in workload in some patent offices, although the number of patent applications pending examination differs significantly from one office to another. The United States of America had more than 900,000 pending applications in 2005, with Japan having the next largest number of pending applications (according t... Read More

Are Patent Rulings Impacting Court Cases?

The Wall Street Journal sure thinks so. Here is an excerpt from a WSJ article titled ‘ How a Patent Ruling Is Changing Court Cases’ that drives the point home – Last week, a federal judge in San Francisco who previously had allowed a patent-infringement lawsuit to proceed against RealNetworks Inc. changed course and dismissed the case, citing the Supreme Court’s April ruli... Read More

New Patent Appeals Need to be Clear and Precise

The Board of Patent Appeals and Interferences (BPAI) is presently experiencing a large increase in the number of ex parte appeals. In 2006 (Financial Year), the Board received 3,349 ex parte appeals. In 2007, the Board expects to receive more than 4,000 ex parte appeals; and in 2008, it expects to receive over 5,000 such appeals. In order to keep the process functioning smoothly in the face of thi... Read More