The Enablement Requirement Requires More Than Just “Two Research Assignments,” says SCOTUS

112 Enablement patent

On May 18, 2023, the U.S. Supreme Court released its long-awaited decision in Amgen Inc. v. Sanofi,[1] which touches on a formal requirement for patentability, the enablement requirement.  In a unanimous ruling, the Supreme Court held that where a patent claims an entire genus, the specification must enable one skilled in the art to make …

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U.S. Patent No. PP35,001 P3 Blueberry Plant Named ‘C15-270’

patent plant plantIP

U.S. Patent No. PP35,001 P3 (‘001) issued on February 28, 2023 for “Blueberry Plant Named ‘C15-270’.”  It was issued to inventors Jessica Scalzo & James W. Olmestead and applicants/assignees Costa Berry International Pty Ltd. of Ravenhall, Australia, and Florida Foundation Seed Producers, Inc., of Marianna, Florida.  The ‘001 patent is a plant patent under 35 …

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Fed Circuit Holds Claims Directed to Milk Not Patent-Eligible Under §101

101 patent patent eligible subject matter

On February 13, 2023, in ChromaDex, Inc. v. Elysium Health, Inc.,[1] the Court of Appeals for the Federal Circuit issued its first opinion of the year dealing with patent eligibility under 35 U.S.C. §101.  Unsurprisingly, the Fed Circuit held that the claims lacked patent-eligible subject matter, and concluded the claims were merely isolated formulations of …

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UPC Set to Commence June 1, 2023

patent

At long last, the Unitary Patent (UP) and the Unitary Patent Court (UPC) are set to begin on June 1, 2023.  This has been a long-awaited process, which has seen the roll-out delayed not once, not twice, but three times.  The UP is expected to a major effect on foreign patent prosecution strategies since, by …

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Registered Trade Dress Protectible Even if Many Features of Product Design Are Functional

patent

The Court of Appeals for the Federal Circuit ruled on November 9, 2022, in SoClean, Inc. v. Sunset Healthcare Solutions, Inc.,[1] in a decision involving trade dress, a sub-category of trademark law.  SoClean owned a registration for the trade dress of the sanitization devices under U.S. Trademark Reg. No. 6,080,195 (“’195 registration”).  SoClean sued Sunset …

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