Patent Law Practice Center

Top 5 Patent Law Blog Posts of the Week

Today we continue our weekly installment highlighting the best of the patent blogosphere from the past week. If there are any patent blogs you think should be highlighted by our Top 5, please comment on this post and we’ll check them out.

1) IP Watchdog: Making it Easier to Get a Patent – Guest author, Mark Nowotarski, shares the experience he has had in getting patent applications granted in this post. He notes that certain technology classes are harder to get a patent awarded in. As such, he explains how one can see if a technology class is getting easier or harder by plotting the patent filing dates in that class versus patent issue dates.

2) Patently-O: Kimberly-Clark v. Naty: Did Reexamination Clean the Diaper? – This post discusses how Kimberly-Clark has sued Naty Babycare for infringement of a diaper with an “elastomeric ear” having non-parallel edges. In 2010, an ex parte reexamination was begun and KC cancelled all 30 issued claims but then added an additional four claims. Unfortunately for Naty, the  patent still has one year on its term. (more…)

India Grants 1st Compulsory License of Patented Bayer Cancer Drug

Earlier in the week, India’s controller general of patents issued a decision stating that Bayer’s patented cancer drug, Nexavar, may be manufactured and sold in a cheaper generic form within the country. According to Indian law, the standard that must be met in considering whether a compulsory license may be granted is whether an invention is available to the public at a “reasonably affordable price.” If it is not reasonably affordable, the Indian government holds the right to promote public health and enforce a compulsory license of the patented invention.

Compulsory licenses have been granted throughout the world via the World Trade Organization’s multilateral agreements (e.g. TRIPS), but they have been done so primarily in regards to HIV and AIDs drugs. India is only the second nation to grant a compulsory license for a patented cancer drug; Thailand was the first. (more…)