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Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.
The U.S. Constitution empowers Congress to create a patent system to promote the useful arts, and Congress has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter under 35 U.S.C. §101.
11th Circuit Weighs in on Intersection of Lanham Act and FDCA Protein Powder Labeling Requirements
By Kyle-Beth Hilfer
A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor’s product label for false advertising under the Lanham Act if it complies with applicable federal regulations?
The USPTO Brings New Guidance to the Section 101 Quandary
By Susan M. Gerber and A. Patricia Campbell
Part Two of a Two-Part Article
USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter
By Howard Shire and Christine Weller
Kapoor v. National Rifle Association of America
Use of Arbitration In Place of Inter Partes Review Proceedings
By David L. Newman
An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.
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