How can I request a patent term extension under the Hatch-Waxman Act?
Patent term extensions under the Hatch-Waxman Act are available for certain patents related to drug products, medical devices, and food additives. According to MPEP 1002.02(b), these requests are handled by the Deputy Commissioner who oversees the Office of Petitions or assigned staff: Applications relating to Hatch-Waxman patent term extension, 37 CFR 1.710 – 1.791 and…
Read MoreHow does the presence of an unexpected property affect patent nonobviousness?
The presence of an unexpected property can be strong evidence of nonobviousness in patent applications. According to MPEP 716.02(a): Presence of a property not possessed by the prior art is evidence of nonobviousness. This principle is illustrated by several cases cited in the MPEP: In re Papesch: Claims to a compound structurally similar to a…
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