[Ip-health] Schumer asks patent office to delay new rules

[Bernie Greenspan]

Professor Davis:

I see that you are a registered patent attorney.  How do you see
yourself adequately representing a client in the face of the new rules?
How would you avoid inequitable conduct charges when you are unable to
file continuations to bring forward newly found references?  How would
you assure your client that an ESD would not prejudice them in future
litigations?  How would you prosecute a pharmaceutical compound which
takes nearly a decade to bring to market?

It is a good thing that the Preliminary Injunction was granted today.

______________________________________________
Bernard J. Greenspan, Ph.D.
Sr. Director Intellectual Property
Verus Pharmaceuticals, Inc.
12671 High Bluff Drive, Suite 200
San Diego, CA  92130

Phone:  (858) 436-1645
Fax:      (858) 436-1656
Email:    bgreenspan@veruspharm.com



-----Original Message-----
From: ip-health-admin@lists.essential.org
[mailto:ip-health-admin@lists.essential.org] On Behalf Of Prof. Michael
H. Davis
Sent: Wednesday, October 31, 2007 5:43 AM
To: srimmington@essentialinformation.org
Cc: Ip-health@lists.essential.org
Subject: Re: [Ip-health] Schumer asks patent office to delay new rules

This is called being bought-and-paid-for. There is no public interest
served by delaying these rules.


Mickey Davis
_________________________________

Prof. Michael H. Davis
Professor of Law
Cleveland State Univ. College of Law
1801 Euclid Ave.
Cleveland, OH 44115-2214 (mailing address: 2121 Euclid Ave. LB 234)
216-687-2228
_________________________________

_________________________________
Patent Attorney Admitted to Practice Before the US Patent and Trademark
Office Reg.No. 45,863 ____________ This message was sent on a Treo680 in
transit via Chatteremail


-----Original Message-----
From: Sarah Rimmington <srimmington@essentialinformation.org>
Date: Wednesday, Oct 31, 2007 8:40 am
Subject: [Ip-health] Schumer asks patent office to delay new rules
To: Ip-health@lists.essential.org

pharmalot.com
>Schumer Asks Patent Office To Delay New Rules October 30th, 2007 3:29
>pm By Ed Silverman
>http://www.pharmalot.com/2007/10/schumer-asks-patent-office-to-delay-ne
>w-rules/
>
>Which new rules? Well, the US Patent and Trademark Office on Nov. 1
>will implement new rules, including one concerning the continuation of
>patent applications. What's that? Current US patent law allows an
>inventor to file several different types of patent applications to
>cover new improvements to their inventions, or to cover different
>aspects of their inventions. One type is a continuation.
>
>You may recall that Glaxo filed a lawsuit against the PTO, claiming the

>new rules are arbitrary and will prevent it from pursuing patent
>applications and obtaining patents on or more of its inventions,
>especially since the drugmaker has hundreds of various types of
>applications in the works. In essence, Glaxo fears the new rules will
>make it harder to make such filings, therefore threatening its
investments.
>
>And Chuck Schumer, the Democratic Senator from New York, wrote a letter

>to Jon Dudas, a PTO official, suggesting a delay. To bolster his
>reasoning, Chuck cites the Glaxo litigation. And he notes Congress is
>considering a patent reform bill that may address the issues raised in
>the PTO's new rules. "A delay would allow the courts to assess the
>merits of the pending suit," he writres. "The proposed rules may have
>the unintended consequence of stifling such innovation and I urge you
>to delay their implementation."
>
>Hat tip to PLI Blog
>
>--
>Sarah Rimmington
>Attorney
>Essential Action, Access to Medicines Project Washington, DC
>Tel: (202) 387-8030
>Cell: (202) 422-2687
>www.essentialaction.org/access/
>
>_______________________________________________
>Ip-health mailing list
>Ip-health@lists.essential.org
>http://lists.essential.org/mailman/listinfo/ip-health
>

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