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Observations on patents and other IP from a dual-licensed practitioner
Earlier today I posted about a notice circulated by the ILPTO in response to the USPTO’s decision not to recognize the priority claim of a PCT application filed at the…
[Revised October 5, 2010, about 12 hours after the initial posting. Thanks to Dr. Richard Korn of Potter Clarkson in the UK for catching the obvious – the provisional application…
In late August, the ILPTO published proposed guidelines for the submission and amendment of patent applications having 200 or more pages. The basic requirement would be that the application would…
The CAFC's web site has a new look, and in that department it's definitely an improvement over the old CAFC site – the new look is much classier. It also appears to…
I Some readers may recall last summer's CAFC decision in Taylor v USPTO. That was the case where Mr. Taylor, acting on advice given by the USPTO over the phone,…
In the previous post on this blog, I discussed the Commissioner’s proposal to increase the burden on patent applicants, by requiring them to provide not only copies of prior art…
If you’re looking for comments on the much-anticipated U.S. Supreme Court decision in In re Bilski, which is expected to be released this morning, you’ve come to the wrong place. …
Recently the following advertisement was posted on one of the English-language “help wanted” bulletin boards in Israel. I’ve decided to spare the guilty parties further embarrassment and redacted their…
I belong to several IP-related groups on LinkedIn. This past week I received notices from two of them about a new portal to put potential users of IP-related legal services…
Much hay was made in Israel last fall when WIPO decided to allow the Israel PTO to try to become a PCT search and examination authority. At the time, the…
One of the first things any patent practitioner (or inventor filing a patent application) learns is the difference between independent and dependent claims. The former read something like, “1.…
As reported in an earlier post, last fall the Israel patent community was left scratching its head as a result of the Commissioner’s about-face regarding Australia. Specifically, in December 2008…
As discussed in earlier posts, back in early 2001 The Medicines Company (TMC) missed by one day the deadline to request a patent term extension (PTE) for US 5,196,404, which…
A copyright case on the US Supreme Court’s docket for next year has caught the attention of the patent community. Recently the Second Circuit showed why that interest is justified. The…
I’m a big fan of the USPTO’s electronic filing capabilities, but nothing’s perfect. This morning while playing around with the Electronic Patent Assignment Service (EPAS), I discovered that if you…
A while back I posted on the Israel PTO and Monty Python. Now it’s the USPTO’s turn. MP fans are familiar with the “Cheese Shop” sketch, in which John…
In the USA, the inventors of an invention claimed in a patent must be correctly identified. See 35 U.S.C. §101, §115 and §116. Failure to correctly list the inventors can…
(As the Israel PTO is closed this week for Passover, I thought it would be a good time to discuss two not-so-recent ILPTO decisions that pertain tangentially to the Exodus…
In an earlier post, I discussed The Medicines Company’s last-ditch effort to save the exclusivity for its Angiomax product via its US 5,196,404, which was due to expire on March…
For people who observe both the US and Israeli legal scenes, one striking difference between the two is the emphasis placed on judicial procedure. Put coarsely, the USA places more…
The title of this post is taken from a bit that was used recurringly on Sesame Street when I was a kid. It’s an unfortunate fact of life that in…
Today I found this story in English online version of Haaretz and this one in the Hebrew-language Globes (the English version is here), which confirm my suspicions about the putative…
Earlier today, the two o’clock news on the state-owned Voice of Israel carried a brief story stating that a joint committee of the Foreign Ministry, the Finance Ministry, the Justice…
Ok, I know that if made into a video, the subject of this post won’t sell as many copies as Girls Gone Wild, nor are its effects as wide-ranging as,…
As noted here and elsewhere, The Medicines Company (TMC) failed to secure a patent term extension (PTE) for US 5,196,404, its patent on bivalirudin, a peptide drug that is…
Although in the past I’ve suggested that Israel move to an early publication system, I’m neither the first nor the only person to make this suggestion. It seems that the…
As noted in an earlier posting, on December 1, 2009, the Knesset’s Constitution, Statute and Law Committee approved the imposition of a fee of 500 shekels (approximately $130 at present…
I was born and grew up in the USA, and although I’ve lived in Israel for most of my adult life, I’ll always be an American. Living abroad has, however,…
Hitherto, Israel has charged a single fee for patent applications, irrespective of application length or the number of claims. Two weeks ago, the Commissioner sent out a letter informing the…
I’m Dan Feigelson. I’ve been practicing patent law for over 30 years. I’m also opinionated, as you may discover in reading my writings here.
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