By David J. Dykeman The summer solstice has come and gone, and now we can reflect on what has b

By David J. Dykeman


The summer solstice has come and gone, and now we can reflect on what has been a busy summer for patents. Fall, however, could be an even busier season in the patent world, and now is a good time for medtech companies to prepare. This article will discuss some of the major developments in medtech patent law over the summer and on the horizon.

There has been little down time for the U.S. Patent and Trademark Office (USPTO) following President Obama’s signing of the America Invents Act (AIA) into law on Sept. 16, 2011. The first major legislative overhaul of the U.S. patent system in 60 years, the AIA is triggering a series of fundamental process changes that aim to modernize the U.S. patent system. Among the major modifications are the implementation of post grant patent review and a move from a “first-to-invent” to a “first-inventor-to-file” system, which will impact who is entitled to a patent on an invention. To further streamline the patent process, and as mandated by the AIA, the USPTO is establishing regional locations, which were announced this summer. The USPTO also released proposed rules for micro-entity status for reduced patent fees for small companies, universities, and independent inventors. Most recently, the USPTO
extended its popular First Action Interview Pilot Program.

European patent law also is changing as the European Union recently agreed to set up a new European patent court that will pave the way for a single European patent, making it easier and less expensive for companies to better protect their inventions.

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The U.S. Supreme Court has been equally busy by issuing its landmark patent decision regarding the medical diagnostic patents at issue in Mayo v. Prometheus Laboratories, and remanding the Myriad Genetics case to the U.S. Court of Appeals for the Federal Circuit, which heard oral arguments regarding the patentability of genes on July 20. The decisions in these cases will have a lasting impact on the patenting of inventions in the medical device, healthcare, and life sciences industries.

Below are some of the highlights from a very busy summer for patents.