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The Hatch-Waxman Act (formally known as the Drug Price Competition and Patent Term Restoration Act) is a law passed in 1984 that created the generic drug industry as we know it today in the United States. The Hatch-Waxman Act was created in response to a court case...

{3:00 minutes to read} A patent gives the patent owner the ability to exclude someone else from practicing the claimed invention, which can lead to market exclusivity if a product is within the scope of an issued patent claim. But an important strategic option could...

United Cannabis (UCann) owns US Patent 9,730,911, which discloses methods of extracting cannabinoid oils from cannabis plant material and formulations of the oils. The patent has 36 claims, all on various formulations of cannabinoids. Of particular interest is claim...

A problem-solution approach to patent drafting and prosecution very clearly lays out the problem being solved by the invention. Arguments that the invention is better, more efficient, less expensive, faster, and easier to use than the prior art are important, but all follow from a clear statement of the problem being solved. Our analysis of of recent allowances in biotech arts suggests that this problem-solution approach is more likely to result in a patent allowance.

The written description requirement mandates that all elements in the claims need to be described and discussed the specification. Not doing this is a common mistake by DIY inventors. Failure to do this will be picked up very quickly by examiners, and can lead to invalidation down the road. Look to us to get this key aspect of patent prosecution right the first time.

Clients often struggle the perseverance required to get a patent issued. Good patent attorneys can anticipate many examiner objections but often getting an issued patent requires significant resources and several rounds of office actions and responses.