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The Golden Rule of Biological Inventions And the Written Description Requirement
Patent practitioners are the legal world's great interpreters. Clients rely on these attorneys for their ability to speak two languages: the language of the law and the language of science. A company with a well-organized in-house legal department can take proactive steps in the growth of the company's intellectual property to ensure that when legal protection is sought in the form of a patent, certain statutory requirements have been met and that the legal instrument through which patent protection is sought (a specification or “the disclosure”) adequately describes the invention. Furthermore, legal counsel can be positioned to provide oversight during the inventive process by focusing researchers' attention on properly documenting patentable ideas. Additionally, among other things, legal counsel can help researchers identify patentable ideas. What might be considered minor and not noteworthy to a researcher may be sufficiently inventive to warrant patent protection. In the biotech or pharmaceutical industry, a strong patent position is often defined not by a single pioneering and patented invention but by numerous smaller inventions comprising a
patent portfolio.
In an ideal world, a business would have a patent practitioner everywhere at once: in the lab, in the office, and in the boardroom. The purpose of this article is to interpret a sphere of patent law related to the description of biological inventions in terms that are practical for researchers and business managers in the biotech industry who live in a non-ideal world. While a proper patent application is best drafted by an experienced patent professional, understanding the requirements of a properly drafted specification can save a business frustration, cost, and the loss of intellectual property protection. In particular, because the “written description” of a patent application is the product of the inventor, a basic legal understanding of the requirements of this section can also inform a researcher's documentation and inventive path, resulting in stronger IP protection.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.