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Key Points to Acquiring a Patent for Each Acquisition Type
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Gene Patenting: An India Perspective - Intellectual Property
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Jonathan was the lead author on behalf of the Boston Patent Law
Association s (BPLA s) Patent Office Practice and Licensing
Committees of an April 2021 Response to a Notice of Proposed
Rulemaking from the National Institute of Standards and
Technology (NIST) of the U.S. Department of Commerce regarding
proposed changes to the rules implementing the Bayh-Dole Act which
governs rights in inventions made with Federal assistance. In
particular, NIST sought input on its goal of furthering return on
investment for subject inventions developed under Federal funding
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Intellectual Property counsel often face the dilemma of when to file a patent application: as soon as possible, or wait and gather more support? Filing an application “early” helps to avoid anticipatory prior art but if the application is filed too early, the applicant may risk rejections during examination for lack of supportive evidence.
On the other hand, if the application is filed too late, the applicant may lose the priority date. This is especially problematic for biopharma industry applicants where on one hand, these data are often critical for securing a patent; on the other hand, the research and development cycle is long and generating experimental and clinical trial data require significant resources and time to obtain, and business and financial reasons can also render it difficult to predict when the data will become available. Frequently supporting data and related information are not available until af
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