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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. All of us at the Garrigues IP Blog would like to wish you a very happy new year. What is the right of prior use or “pre-use”?

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Post-Grant Review

Fish & Richardson Trademark & Copyright Thoughts

Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. As of September 16, 2012 post-grant review became available for covered business method patents irrespective of their priority date. Several aspects of post-grant review are designed to allow the proceedings to conclude quickly.

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Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. As noted above, companies are already taking advantage of these new designations. Introduction. Federal Legislation.