Developments and Trends for Biopharma Patents at the USPTO *

Developments and Trends for Biopharma Patents at the USPTO *

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The biotechnology sector faces unique challenges in navigating the evolving patent landscape at the U.S. Patent and Trademark Office. This panel will explore recent developments in biotech patent examination, including subject matter eligibility, obviousness considerations, double patenting (particularly obviousness-type double patenting), and the different treatment between patent term adjustment (PTA) and patent term extension (PTE).

Panelists will analyze recent case law, USPTO examination trends, key USPTO guidance, rule changes, and practical approaches for preserving patent life while minimizing vulnerability to validity challenges. Attendees will gain practical insights into overcoming common hurdles, strengthening applications, coordinating prosecution and litigation strategies, and aligning IP protection with regulatory exclusivity to safeguard commercial value and opportunities in the highly competitive and fast-moving biopharma market.

Materials:

Understanding the Statute on Patent Term Extension

The Case Law on Obviousness-Type Double Patenting

CAFC Sends Janssen Schizophrenia Treatment Claims Back to District Court for New Obviousness Analysis

CAFC Panel Splits on Reasonable Expectation of Success Analysis

SCOTUS Scraps Vanda’s Bid for Guidance on Obviousness Standard

Patent Term Adjustment Traps for Practitioners to Avoid

Patent Eligibility and the Life Sciences Industry – The Impact of Law on Innovation in the Industry

Life Sciences Patents After American Axle — Grave Danger or Temporary Uncertainty?

SURVEY:

https://www.surveymonkey.com/r/Developments-and-Trends-for-Biopharma-Patents-at-the-USPTO