By: Christopher Quinn The course that I teach, Innovation & IP Strategy at the University of Michigan, brought with it this week a compelling and spirited discussion in context of the current election season. As we hear and see in the advertisements dominating the media we consume, there arises a common theme that considers whether “the rich” need to “pay their fair share.” Of course, my class and my students examined this topic through the prism of IP, an important nuance that often gets lost in the discussion of wealth. In fact, the wealth of the richest individuals and the value of companies…
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Death of a Program: U.S. Patent Office to Terminate After-Final Consideration Program
By Mark Levine and Ellen Schwab The United States Patent and Trademark Office (USPTO) recently announced the expiration of the After Final Consideration Pilot Program 2.0 (AFCP 2.0), a program that was designed to enhance communications between the USPTO and patent applicants by affording applicants additional options following a final office action that effectively closes prosecution in applications. To accommodate those who are in the process of preparing to use the Program, the USPTO will still consider a request for consideration under AFCP 2.0 filed by December 14, 2024. While the end of AFCP 2.0 closes this expedited pathway to…
Federal Circuit Ruling in Allergan USA v. MSN Labs Clarifies Interplay Between Patent Term Adjustment and Obviousness-Type Double Patenting
By: Nayyer Siddiqi The Federal Circuit recently issued a decision in Allergan USA, Inc. et al., v. MSN Laboratories Private Ltd., et al., No. 24-1061 (Fed. Cir. Aug. 13, 2024), pertaining to the issue of obviousness-type double patenting and patent-term adjustment. The Court’s decision in Allergan is a positive outcome for patentees, who were concerned that patent-term adjustments given to “first-filed, first-issued” patents would be taken away by later-issued child patents that expired earlier but shared the same priority date. While the Court’s decision addressed other issues, this update focuses solely on reviewing the Court’s opinion on the intricate relationship…