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Aug 2, 2024 | 
jdsupra.com | Nathan Beaver |Rebecca B. Kimmelfield
The Supreme Court’s decision in June 2024 in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce to overrule the Chevron doctrine has major implications for every administrative agency, including the U.S. Food & Drug Administration (FDA). The Chevron doctrine was a two-step framework used to review an agency’s interpretation of a statute in a rule or regulation. First, was the statute clear, or was it ambiguous?
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Aug 2, 2024 | 
mondaq.com | Rebecca B. Kimmelfield |Nathan Beaver
The Supreme Court's decision in June 2024 in Loper Bright Enterprises v. Raimondo and
Relentless Inc. v. Department of Commerce to overrule
the Chevron doctrine has major implications for
every administrative agency, including the U.S. Food & Drug
Administration (FDA).
The Chevron doctrine was a two-step framework
used to review an agency's interpretation of a statute in a
rule or regulation. First, was the statute clear, or was it
ambiguous?
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Aug 1, 2024 | 
natlawreview.com | Rebecca B. Kimmelfield
The Supreme Court’s decision in June 2024 in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce to overrule the Chevron doctrine has major implications for every administrative agency, including the U.S. Food & Drug Administration (FDA). The Chevron doctrine was a two-step framework used to review an agency’s interpretation of a statute in a rule or regulation. First, was the statute clear, or was it ambiguous?
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May 20, 2024 | 
natlawreview.com | Rebecca B. Kimmelfield
For the first time in nearly 15 years, the U.S. Patent and Trademark Office (USPTO) has issued “Updated Guidance for Making a Proper Determination of Obviousness” under the U.S. Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007).
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Apr 26, 2024 | 
mondaq.com | Rebecca B. Kimmelfield |Courtenay C. Brinckerhoff
For the first time in nearly 15 years, the U.S. Patent and
Trademark Office (USPTO) has issued "Updated Guidance for Making a Proper Determination
of Obviousness" under the U.S. Supreme Court's ruling
in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398
(2007).
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Apr 23, 2024 | 
jdsupra.com | Courtenay C. Brinckerhoff |Rebecca B. Kimmelfield
For the first time in nearly 15 years, the U.S. Patent and Trademark Office (USPTO) has issued “Updated Guidance for Making a Proper Determination of Obviousness” under the U.S. Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007).
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Feb 13, 2024 | 
jdsupra.com | Dynamic Drinkware |Courtenay C. Brinckerhoff |Rebecca B. Kimmelfield
The U.S. Patent and Trademark Office (USPTO) has released new training materials on “Declaration practice under 37 CFR 1.132 (Rule 132).” The materials were developed under a collaboration initiative with the U.S. Food and Drug Administration (FDA) to guide patent examiners in the evaluation and treatment of Rule 132 declarations. Stakeholders who rely on such declarations may be able to leverage the guidance to strengthen their submissions and make them more persuasive.
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Feb 8, 2024 | 
mondaq.com | Rebecca B. Kimmelfield
As of January 20, 2024, applicants are
no longer able to enjoy a 15-day grace period for most response
deadlines pertaining to patent applications being pursued in the
Chinese National Intellectual Property Administration (CNIPA). This
change was announced in Order 769 on December 21, 2023, and took
effect on January 20, 2024. CNIPA's elimination of this grace
period is similar to the European Patent Office's (EPO) recent
elimination of its 10-day rule, which we wrote about here.
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Feb 2, 2024 | 
jdsupra.com | Rebecca B. Kimmelfield
As of January 20, 2024, applicants are no longer able to enjoy a 15-day grace period for most response deadlines pertaining to patent applications being pursued in the Chinese National Intellectual Property Administration (CNIPA). This change was announced in Order 769 on December 21, 2023, and took effect on January 20, 2024. CNIPA’s elimination of this grace period is similar to the European Patent Office’s (EPO) recent elimination of its 10-day rule, which we wrote about here.
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Oct 24, 2023 | 
natlawreview.com | Rebecca B. Kimmelfield
Stakeholders accustomed to having “ten more days” to respond to a communication from the European Patent Office will have to update their calendaring systems for documents dated on or after November 1, 2023. This is because the European Patent Office (“EPO”) is abolishing its “10-day rule” such that all response periods will be measured from the date printed on the document, effectively ending the 10-day grace period.
