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Term Of Patent In The United States
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications). The patent term in the United States was changed in 1995 to bring U.S. patent law into conformity with the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as negotiated in the Uruguay Round. As a side effect, it is no longer possible to maintain submarine patents in the U.S., since the patent term now depends on the filing date, not the issue date. Design patents have a shorter term than utility patents. Design patents filed on or after May 13, 2015, have a term of 15 years from issuance. Design patents filed prior to May 13, 2015, have a term of 14 years from issuance. History The original patent term under the 1790 Pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting from a patented technology without the consent of the patent holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. History 1623. England adopts Statute of Monopolies, which has been acknowledged as a legal predecessor of the US patent law. 1789. U.S. Constitution in Article I, Section 8, Clause 8 authorizes Congress "to promote the Progress of . . . useful Arts, by securing for limited Times to . . . Inventors the exclusive Right to their . . . Discoveries." It is believed that, unlike most parts of the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dorzolamide
Dorzolamide, sold under the brand name Trusopt among others, is a medication used to treat high pressure inside the eye, including in cases of glaucoma. It is used as an eye drop. Effects begin within three hours and last for at least eight hours. It is also available as the combination dorzolamide/timolol. Common side effects include eye discomfort, eye redness, taste changes, and blurry vision. Serious side effects include Steven Johnson syndrome. Those allergic to sulfonamides may be allergic to dorzolamide. Use is not recommended in pregnancy or breastfeeding. It is a carbonic anhydrase inhibitor and works by decreasing the production of aqueous humor. Dorzolamide was approved for medical use in the United States in 1994. It is available as a generic medication. In 2022, it was the 201st most commonly prescribed medication in the United States, with more than 2million prescriptions. Medical uses Dorzolamide is used to lower excessive intraocular pressure in open-angle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merck & Co
Merck & Co., Inc. is an American Multinational corporation, multinational pharmaceutical company headquartered in Rahway, New Jersey. The company does business as Merck Sharp & Dohme or MSD outside the United States and Canada. It is one of the largest pharmaceutical companies in the world, generally ranking in the global top five by revenue. Merck & Co. was originally established as the American affiliate of Merck Group in 1891. Merck develops and produces medicines, vaccines, biologic therapies and animal health products. It has several blockbuster products, including cancer immunotherapy, anti-diabetic medications, and vaccines for HPV and chickenpox, each generating significant revenue as of 2020. The company is ranked 71st on the 2022 Fortune 500, ''Fortune'' 500 and 87th on the 2022 Forbes Global 2000, ''Forbes'' Global 2000, both based on 2021 revenues. In 2023, the company’s seat in the ''Forbes'' Global 2000 was 73. Products The company develops medicines, vaccines, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manual Of Patent Examining Procedure
The ''Manual of Patent Examining Procedure'' (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be followed in the examination of U.S. patent applications, and articulates their application to an enormous variety of different situations. The MPEP is based on Title 37 of the Code of Federal Regulations, which derives its authority from Title 35 of the United States Code, as well as on case law arising under those titles. The origins of the ''Manual'' date back to a 1920 Patent and Trademark Office Society publication known as the "Wolcott Manual". "One of the most fruitful endeavors of the atent and Trademark OfficeSociety in the area of education was the publication of the first Manual of Patent Office Procedure. The first Manual was written by two employees of the Office and was published in 1920 by the Society. This Manual, with its e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uruguay Round Agreements Act Of 1994
The Uruguay Round Agreements Act (URAA; ) is an Act of Congress in the United States that implemented in U.S. law the Marrakesh Agreement of 1994. The Marrakesh Agreement was part of the Uruguay Round of negotiations which transformed the General Agreement on Tariffs and Trade (GATT) into the World Trade Organization (WTO). One of its effects is to give United States copyright protection to foreign works that had previously been in the public domain in the United States. Legislative history U.S. President Bill Clinton sent the bill for the URAA to Congress on September 27, 1994, where it was introduced in the House of Representatives as H.R. 5110U.S. Library of Congress: H.R. 5110 at THOMAS''. URL last accessed 2007-05-08. and in the Senate as S. 2467.U.S. Library of Congress: S. 2467 at THOMAS''. URL last accessed 2007-05-08. The bill was submitted under special fast-track procedures under which neither chamber could modify it. The House passed the bill on November 29, 1994; ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disclaimer (patent)
In patent law, a disclaimer are words identifying, in a claim, subject-matter that is not claimed or another writing disclaiming rights ostensibly protected by the patent. By extension, a disclaimer may also mean the amendment consisting in introducing a negative limitation in an existing claim, i.e. "an amendment to a claim resulting in the incorporation therein of a 'negative' technical feature, typically excluding from a general feature specific embodiments or areas". The allowability of disclaimers is subject to particular conditions, which may vary widely from one jurisdiction to another. Origins Possibly the earliest mention of patent disclaimers was in the British " Letters Patent and Trademark Amendment Act 1835", in the sense of a right to renounce one's patent monopoly or a part thereof. That right was subject to safeguards to make sure that the disclaimer was a true renunciation, rather than an extension of the monopoly. In 1865, in a case before the House of Lords, ''Ra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Patenting
Double patenting is the granting of two patents for a single invention, to the same proprietor and in the same country or countries. According to the European Patent Office, it is an accepted principle in most patent systems that two patents cannot be granted to the same applicant for one invention. However, the threshold for double patenting varies from jurisdiction to jurisdiction. By jurisdiction Australia Australian patent law includes a statutory bar on double patenting to the same inventor, but not to different inventors, for the same invention. Subsection 64(1) firstly grants the Commissioner of Patents a discretion to grant multiple patents for the same invention: :"Subject to this section, where there are 2 or more applications for patents for identical, or substantially identical, inventions, the granting of a patent on one of those applications does not prevent the granting of a patent on any of the other applications." However, Subsection 64(2) prohibits such grant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-obviousness In United States Patent Law
In US patent law, non-obviousness is one of the requirements that an invention must meet to qualify for patentability, codified as a part of Patent Act of 1952 a35 U.S.C. §103 An invention is not obvious if a "person having ordinary skill in the art" (PHOSITA) would not know how to solve the problem at which the invention is directed by using exactly the same mechanism. Since the PHOSITA standard turned to be too ambiguous in practice, the Supreme Court of the United States, U.S. Supreme Court provided later two more useful approaches which currently control the practical analysis of non-obviousness by patent examiners and courts: ''Graham et al. v. John Deere Co. of Kansas City et al.'', 383 U.S. 1 (1966) gives guidelines of what is "non-obvious", and ''KSR v. Teleflex'' (2006) gives guidelines of what is "obvious". In the post-KSR (2006) patent legal practice in the US, the requirement for non-obviousness is often conflated with non-predictability. It is easier to find non-obvio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Drug Price Competition And Patent Term Restoration Act
The Drug Price Competition and Patent Term Restoration Act (Public Law 98-417), informally known as the Hatch-Waxman Act, is a 1984 United States federal law that established the modern system of generic drug regulation in the United States. The Act's two main goals are to facilitate entry of generic drugs into the market and to compensate the original drug developers for regulatory delays by the Food and Drug Administration. It is generally believed that the Act accomplished both goals: encouraging development of new medications and accelerating market entry of generics. Representative Henry Waxman of California and Senator Orrin Hatch of Utah sponsored the act. Background Although the Federal Food, Drug, and Cosmetic Act made it possible for generic companies to get regulatory approval for drugs by filing an Abbreviated New Drug Application (ANDA), in the early 1980s it became clear that very few generics were coming to market. Congress studied the issue and realized t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reexamination
In United States patent law, a reexamination is a process whereby anyone—third party or inventor—can have a U.S. patent reexamined by a patent examiner to verify that the subject matter it claims is patentable. To have a patent reexamined, an interested party must submit prior art, in the form of patents or printed publications, that raises a "substantial new question of patentability". The Leahy-Smith America Invents Act makes substantial changes to the U.S. patent system, including new mechanisms for challenging patents at the U.S. Patent and Trademark Office. One of the new mechanisms is a post-grant review proceeding, which will provide patent challengers expanded bases on which to attack patents. Process A request for a reexamination can be filed by anyone at any time during the period of enforceability of a patent. To request a reexamination, one must submit a "request for reexamination" which includes (1) a statement pointing out each "substantial new question of pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continuing Patent Application
Under United States patent law, a continuing patent application is a patent application that follows, and claims priority to, an earlier-filed patent application. A continuing patent application may be one of three types: a continuation, divisional, or continuation-in-part. Although continuation and continuation-in-part applications are generally available in the U.S. only, divisional patent applications are also available in other countries, as such availability is required under Article 4G of the Paris Convention. Early history From 1838 to 1861, inventors could file patent applications on improvements to their inventions. These were published as "additional improvement patents" and were given numbers preceded by "A.I.". About 300 of these patents were issued. Current law Under the law in the U.S., inventors may file several different types of patent applications to cover new improvements to their inventions or to cover different aspects of their inventions. These types of pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
