U.S. CAFC Reverses PTAB Decision:
New CAFC case suggests standard for motivation to combine to find obviousness can be less onerous In a recent ruling…
New CAFC case suggests standard for motivation to combine to find obviousness can be less onerous In a recent ruling…
Artificial Intelligence Artificial Intelligence, or more specifically Machine Learning software is not sentience, it is a tool. It does not…
The United States Patent & Trademark Office (USPTO) recently published its proposed new fees to go into effect October 1,…
Dr. Duen-Hwa Yan and Dr. Christopher J. Nichols join firm partnership FREDERICK, Md. (May 13, 2021) – McBee Moore &…
MMV IP was proud to sponsor another Frederick County Chamber of Commerce Biotech Connector event. Focused on Dynamic World of…
McBee Moore & Vanik IP, LLC celebrates eight successful years As MMVIP celebrates its 8th anniversary, we are proud to…
An Introduction to the Importance of Patent Law and Biotech Patents As an inventor, you have the power to…
Today, remote work has become very common and according to Gallup Poll, 43% of employees work remotely. People find that…
It can be daunting as women to break the barrier of societal norms, but over the years we have seen…
The Unitary Patent (UP) and Unified Patent Court (UPC), a new EPO patent and patent enforcement system, respectively, will come…
One of our Partners, C.G. Moore, has been featured in and contributed to a case study for LexisNexis PatentAdvisor®, a…
Modern, user-friendly Patent Center to fully replace legacy Public PAIR system this summer The already operational Patent Center provides a…
Intellectual Property (IP) is the lifeblood of biotech companies. Patents allow the companies to establish control over key technologies to support…
World Intellectual Property Day April 26, 2022 (Innovating for a Better Future) This year we are celebrating World Intellectual Property…
McBee, Moore & Vanik IP, LLC Experiences Continued Growth and Accomplishments FREDERICK, Md. (January 14, 2022) – McBee, Moore &…
Contributor: Lauren A. Pogue On August 2, 2021, the Federal Circuit issued an opinion in Omni MedSci, Inc. v. Apple…
Copyright protection of software code is an important question for companies to consider. In favor of “open source,” are Linux…
MMVIP Law experiences continued success and stability FREDERICK, Md. (February 15, 2021) – In January 2016, the founding partners and…
McBee, Moore & Vanik had 247 patents issued in 2020 FREDERICK, Md. (January 27, 2021) – McBee, Moore and Vanik…
Historically, people have shown an interest in snow sports, specifically skiing. In fact, the oldest skis date all the way…
The Patent Public Advisory Committee (PPAC)[1] released its annual report covering fiscal year 2020 (October 1, 2019 – September 30,…
On October 2, 2020 many USPTO fees are set to increase by about 5%. Some fees will increase even more…
An invention that would have been obvious to a person of ordinary skill at the time of the invention is…
Gensetix, Inc. v. The Board of Regents of the University of Texas System v. Baylor College of Medicine, Diakonos Research…
Earlier this month the Federal Circuit affirmed a district court’s determination that two scientists should be named as inventors in…
Timing matters when submitting an Inventor Oath or Declaration U.S. law requires that each inventor or joint inventor of a…
Last week, the USPTO announced that the popular Patents for Patients pilot program will be extended an additional two years. …
On July 2, 2020, the United States Patent and Trademark Office (USPTO) launched the Fast-Track Appeals Pilot Program for expedited…
Update 06/11/2020 The United Statement Patent and Trademark Office (USPTO) recently registered the Agile IP® trademark for MMVIP. MMVIP provides…
Patents 4 Partnerships The United States Patent and Trademark Office (USPTO) announced in a recent press release that it has…
Life sciences patent practitioners know that written description rejections under 35 U.S.C. § 112 for genus claims nearly always refer…
Preparing a Power of Attorney (POA) for U.S. Patent Applications can be a challenging task. Below is a short overview…
McBee, Moore & Vanik awarded 10-year contract with NIH FREDERICK, Md. (May 13, 2020) – The National Institutes of Health…
Due to the COVID-19 pandemic, “stay at home” orders issued in 45 states and DC, disrupting the normal course of…
A finding of a prima facie case of obviousness can be overcome by producing objective evidence of nonobviousness such as…
The impact of COVID-19 continues to reach far and wide, with several patent offices and court systems worldwide changing their…
On March 2, 2020, the U.S. Patent and Trademark Office issued a notice in the Federal Register (85 Fed. Reg.…
FREDERICK, Md. (February 12, 2020) – McBee, Moore and Vanik IP, LLC (MMV IP) has been ranked 12th in the…
Does your technology help aid underserved communities in the area of energy, medicine, nutrition, living standards and/or sanitation? Then this…
Last week, the Court of Appeals for the Federal Circuit released a precedential decision holding, inter alia, that the USPTO…
Each year, the United States Patent and Trademark Office (“USPTO”) publishes a comprehensive document detailing statistics, achievements, and future goals…
On January 7, 2020, in Amgen Inc. v. Amneal Pharmaceuticals, the CAFC decided that the open ended term “comprising” controlled,…
The holiday season is upon us! As our part of the hemisphere gets colder, we prepare ourselves for the festive…
The USPTO examiners use the broadest reasonable interpretation (BRI) when construing claims during examination of patent applications. The BRI standard…
Open Enrollment Choices? With open enrollment happening right now or very soon for most United States-based companies, it is worth…
The United States Court of Appeals for the Federal Circuit (“CAFC” or “Federal Circuit”) recently issued two precedential decisions on…
Mauris volutpat – fermentum malesuada vestibulum Sed vel sodales quam. Nunc in urna sed libero eleifend tincidunt sit amet id…
Donec imperdiet risus justo, vel malesuada erat fermentum at. Morbi at laoreet mauris.
On October 31, 2019, the United States Patent and Trademark Office (“USPTO”) released the SUCCESS report, focusing on the participation…
Here is a quick look at the history behind Halloween and a few fun inventions that we all turn to…
Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus.
OSI Pharma v. Apotex Inc. (Fed. Cir. 2019) In a decision issued recently, the Federal Circuit reversed the Patent Trial…
Researchers from University of California, Berkeley (and related parties) and The Broad Institute, Inc. (and related parties) continue to battle…
Rule 90bis.1 provides an avenue for recourse if an applicant wishes to withdraw a filed international application in order to…
Unlike patents or trademarks, copyright protection automatically attaches to appropriate works once they are fixed in a tangible form. This…
The USPTO encourages Applicants to engage with Patent Examiners using Interview Practice. According to the USPTO website, “Interviews provide an…
Previously, we wrote about making an application special to speed up patent prosecution based on an inventor’s age. 37 CFR…
The USPTO has announced that the After Final Consideration Pilot (AFCP) 2.0 program will be extended until September 30, 2020. This…
In honor of the start of Hispanic Heritage Month on September 15, 2019, below is a highlight of notable inventors…
Labor Day in the United States is this weekend; September 2nd. In the U.S., Labor Day is a federally observed…
Navigating the USPTO Examination Backlog With a backlog of over 500,000 unexamined patent applications at the United States Patent and…
Most U.S. utility1 patent applications are published after expiration of a period 18 months from the earliest filing date. However, in…
Back to School season is upon us again. At #MMWVIP we took a poll and even though we only have…
Iridescent Networks, Inc. v. AT&T Mobility, LLC An initial step in many patent proceedings is to determine the meaning of…
Patent term adjustment (PTA) is awarded by the USPTO to extend the term of patents to account for delays due…
In today’s fast-paced environment, having the ability to efficiently communicate, receive, and locate information can make a world of difference.…
While the expense of preparing and filing an international patent application can be substantial, the costs for nationalization of those…
The United States of America is celebrating its Independence this week with family get togethers, food, and Fireworks. While most…
When a patent application is filed, as well as during prosecution, the type of entity which the applicant claims determines…
An important aspect of many patent applications is the drawings/ figures. Often overlooked in preparing the drawings are the USPTO…
Are you ready for Summer? AccuWeather predicts more 90-degree-and-above days than last year’s, when frequent precipitation held back daytime high…
In observance of Memorial Day this weekend, MMWV would like to extend an enormous thank you to those that have…
Deckers Outdoor Corp. sued an Australian company, Australian Leather, Ltd. in 2016 asking the court to enjoin Australian Leather from…
Earlier this month, attorneys representing the estate of Prince Rogers Nelson (the musician Prince) filed papers seeking to persuade the…
A family of marks is defined as “a group of marks having a recognizable common characteristic, wherein the marks are…
(1) a request, signed by a party set forth in 37 CFR 1.33(b), to correct the inventorship (2) the fee…
The Patent Cooperation Treaty (PCT) system provides several routes through which an applicant may seek to correct or amend aspects…
Contributor: David W. Woodward Clients often ask what they can do about a competitor’s pending patent application. Protest under §…
Interviews between an applicant and a United States Patent and Trademark Office (USPTO) examiner are often helpful to advance the…
The Easter holiday is upon us. Families and children have numerous ways of observing this holiday worldwide. Whether it is…
What do you call someone who speaks at a bicycle conference?A spokesperson Speaking of bikes… every year in the United…
The Patent Trial and Appeal Board (PTAB)’s decision to institute an IPR is discretionary.[1] In SAS Institute, Inc. v. Iancu,[2]…
There are SBIR/STTR programs likely available from the National Institute of Health Last week, one of our Patent Agents, Dr.…
Tribal Sovereign Immunity Previously Considered by CAFC University of Minnesota Faces Uphill Battle in Claiming State Sovereign Immunity Since the…
MMWV employs 12 awesome women who perform on every level of our Firm. From Managing Partner to Firm Administrator, the…
It is estimated that intangibles account for roughly 80% of a company’s value and is an especially vital selling point…
Living on the Space Coast as we call it on the Central Florida East Coast, we have become accustomed to…
For many years, a persistent slogan in the field of science has been to “Publish or Perish.” However, with the…
Valentine’s Day is a day of love all over the world and we have come to associate a variety of…
If your invention was “made” in the United States and you want to file a patent application anywhere outside of…
This weekend is one of the biggest shows in America, Super Bowl LIII. The Los Angeles Rams will be going…
Supernus Pharmaceuticals, Inc. v. Iancu (Fed. Cir. 2019) This ruling could substantially increase PTA in situations where Applicant delay was…
FREDERICK, Md. (January 17, 2019) – In January 2016, four founding partners and twelve employees came together to form a…
Background The USPTO’s 2019 Revised Patent Subject Matter Eligibility Guidance clarifies the Office’s view of what constitutes an “abstract idea,”…
New Patent Protection Is Now Available for “Essentially Derived” Assexually Produced Plants and Hemp As of new legislation signed Decemeber…
Happy New Year on behalf of MMWV! It is great to ring in the New Year in style with fashionable…
United States Patent and Trademark Office awards Immatics patent for innovative immunotherapies FREDERICK, Md. (January 3, 2019) – McBee, Moore,…
The Intellectual Property Office of New Zealand has examined the submissionsrelated to its recent decision to conduct a review of…
During the week of November 26th a delegation from the European Patent Office led by EPO President António Campinos participated…
Slip Opinion: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2599.Opinion.11-19-2018.pdf Calculating a hypothetical reasonable royalty can be a nebulous concept. A plaintiff is tasked with imagining what…
On November 14, 2018, the UK and EU Commission published the draft agreement on the withdrawal of the United Kingdom…
FREDERICK, Md. (November 14, 2018) – McBee, Moore, Woodward and Vanik IP, LLC (MMWV) is proud to welcome Destiny Davenport…
Singapore’s Law Ministry has released for public consultation new proposals related to civil intellectual property disputes. Of special note is…
In a November 1, 2018 modification of an earlier opinion, the Federal Circuit has provided additional guidance on what constitutes…
The USPTO’s Patents for Patients program or Cancer Immunotherapy Pilot Program (“the program”) represents a good option for those looking…
The USPTO released the October 2018 revision to the Trademark Manual of Examining Procedure (TMEP) yesterday, which marks the most…
The USPTO has started rolling out the authentication updates for their eCommerce Modernization (eMod) project. This part of the eMod…
If you have visited uspto.gov today, you might have noticed something is different. If you have not, I would say…
September 30 marked the end of the 2018 fiscal year (FY18) for the USPTO. Below are highlighted some interesting stats…
Build a better mousetrap, and the world will beat a path to your door. But if you’re particularly talented with…
Responding to Conclusory and Unsupported Allegations by USPTO Examiners The USPTO examiners frequently make factual assertions about the technical subject…
Under the America Invents Act (“AIA”), seemingly minor procedural errors made when filing an application can create a procedural morass…
Alternative work arrangements, such as mobile offices, have become increasingly common over the last few years. In this post, we…
On July 20, 2018, the Federal Circuit decided that patents owned by Native American tribes are not immune from…
This blog will help introduce a new system (eMod) currently being developed and implemented by the United States Patent and…
On June 7, 2018, the United States Patent and Trademark Office (USPTO) issued a memorandum to the Examining Corps detailing…
The Patent Cooperation Treaty (PCT) system allows for the preserving of foreign patent rights if the PCT application is filed…
The PTAB E2E filing system was designed for filing electronically all documents related to Inter Partes and Post Grant Reviews,…
In Akeso Health Sciences, LLC v. Designs for Health, Inc.[1] recently decided in the Central District of California, the court…
Today the Supreme Court affirmed the Federal Circuit’s decision that IPRs do not violate either Articles III or VII of…
35 U.S.C. § 325(d) gives the Patent Trial and Appeal Board (PTAB or Board) the authority to deny institution of a…
The Expanded CSP Program is Based on the Success of Previous Versions of CSP For applicants pursuing U.S. patent applications…
Due to the increasing importance of PTAB decisions, we want to take this opportunity to review the various designations a…
On Monday, February 5, 2018, the Senate unanimously (94-0) confirmed Andrei Iancu to become the Director of the United States…
Nunc rhoncus, libero eget ullamcorper malesuada, tortor eros aliquet nisl, rhoncus sodales felis nunc quis ligula. Integer condimentum, ligula vehicula…
Vivamus blandit, odio a porttitor porttitor, lectus nulla pharetra enim, a posuere dui augue id quam. Etiam consectetur tempus consectetur.…
Arcu condimentum auctor vitae in nibh. In vel est venenatis, consectetur massa et, tempor metus. In auctor auctor libero, at…
Aliquam dapibus convallis feugiat. Duis metus felis, congue vitae arcu congue, lobortis cursus tellus. Aliquam erat volutpat. Donec sagittis, dui…
Quisque dolor odio, semper sit amet euismod nec, consectetur maximus massa. Fusce id dolor sed risus sagittis vestibulum. Donec molestie…
In auctor auctor libero, at molestie nisi auctor eu. Nunc in metus lectus. Ut urna sapien, scelerisque sed rutrum quis,…
Sed lacinia nisl at massa pellentesque, vitae laoreet diam viverra. Praesent quis tempor tellus. Nunc rhoncus, libero eget ullamcorper malesuada,…
Vivamus blandit, odio a porttitor porttitor, lectus nulla pharetra enim, a posuere dui augue id quam. Etiam consectetur tempus consectetur.…
In auctor auctor libero, at molestie nisi auctor eu. Nunc in metus lectus. Ut urna sapien, scelerisque sed rutrum quis,…
Nunc rhoncus, libero eget ullamcorper malesuada, tortor eros aliquet nisl, rhoncus sodales felis nunc quis ligula. Integer condimentum, ligula vehicula…
Lorem ipsum dolor sit amet, consectetur adipiscing elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus. Lorem ipsum dolor sit amet,…
The case is Advanced Video Tech. LLC v. HTC Corp. (Fed. Cir. Jan. 11, 2018), available here, and involved U.S.…
35 U.S.C. 251(d) provides that an application for a reissued patent with broader scope must be filed within two years…
Maecenas nulla quam, eleifend dictum est faucibus, tristique egestas tellus. Vivamus blandit, odio a porttitor porttitor, lectus nulla pharetra enim,…
EVE/Inc. and Synopsis, Inc. et al. recently filed a petition for certiorari in the U.S. Supreme Court seeking eradication of…
There is an old saying, ‘A penny saved is a penny earned.’ Truer words have never been spoken, well at…
The Federal Circuit has again made it harder to establish written description of biotechnological inventions, particularly when attempting to claim…
The Supreme Court held oral hearings on Monday in Oil States v. Greene’s Energy, giving the public its first glimmer…
In 2006, the United States Patent and Trademark Office (USPTO) joined several other countries’ Patent Offices by entering into a…
Welcome to the world of PCT national phase filing. The prospect of filing in some (or all) of the contracting…
In law, the details are everything. One slight variation in the facts changes the outcome. One example is satisfying the…
You might want to sit down for this one. Research shows that sitting for an extended period of time can…
More than 50 K-12 teachers participated in the 4th Annual National Summer Teacher Institute (NSTI) on Intellectual Property, STEM, and…
In Aqua Products v. Matal (Fed. Cir. Oct 4, 2017) (en banc), the court relaxed the standard for allowing the entry…
In light of this week’s opening of the U.S. Supreme Court’s October 2017 term, we want to highlight two patent-related…
The USPTO has announced that both the After Final Consideration Pilot (AFCP) 2.0 and the Quick Path Information Disclosure Statement…
Filing for a foreign license can appear a daunting task. Below is a brief summary when it comes to requesting…
In June 2017, we wrote about the United States Patent and Trademark Office (USPTO) extending the Cancer Immunotherapy Pilot Program…
Allergan and the Saint Regis Mohawk Tribe have announced that the Saint Regis Mohawk Tribe [“the Tribe”] is now the…
In its recent decision in In re Stepan Co., The Court of Appeals for the Federal Circuit vacated an obviousness…
Last summer, we wrote about the “Patents 4 Patients” Cancer Immunotherapy Pilot Program launched by the USPTO. At the program’s…
Last month, in its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. __ (May 22,…
In December of last year, we wrote about the interpretation of “otherwise available to the public” as was being litigated…
Timing and Type of Validity/Non-Infringement Opinion Can Be Relevant The weight a court will give an opinion of counsel as…
Earlier today, the U.S. Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, which…
As part of its efforts to modernize and improve the patent filing system, the USPTO presented an overview of the…
In Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the United States Supreme Court held that the…
Under the AIA, 35 U.S.C. § 102 was modified to define various categories of prior art appearing before the effective…
Earlier this week, the U.S. Supreme Court granted certiorari to TC Heartland, LLC, a liquid sweetener company based in Indiana…
On Friday, October 28, 2016, the Federal Register (Vol. 81, No. 209) published the USPTO’s proposed change of Rule 56…
On October 18, 2016, the United States Patent and Trademark Office (USPTO) published a proposed rule regarding recognition of privileged…
Last week the Patent Trial and Appeal Board (PTAB) issued its third-ever Post-Grant Review (PGR) decision (PGR2015-00009), following the first…
OVERVIEW Fast innovation is a significant asset to competitiveness on the world stage. However, when a patent application is filed,…
OVERVIEW The Cancer Immunotherapy Pilot Program (also known as “Patents 4 Patients”) provides accelerated review without requiring a petition fee…
On July 5, 2016, the Federal Circuit rendered its decision in Amgen Inc. v. Apotex Inc., further clarifying the provisions…
On July 11, the USPTO unveiled its Post-Prosecution Pilot Program (“P3”), which is scheduled to remain in effect until January…
The Leahy-Smith America Invents Act (“AIA”) established the procedure of inter partes review (“IPR”) by which the USPTO may permit…
The unanimous Halo Electronics decision by the U.S. Supreme Court sidesteps the Seagate case from 2007 and effectively reopens the real possibility that a patentee…
Last week the Supreme Court heard arguments in two consolidated cases addressing the issue of how much discretion a court…