LYCOS RETRIEVER
Patent: Patent Office
built 636 days ago
On November 28, 2006, the U.S. Patent and Trade Office (PTO) issued a new patent for Celgene's Thalomid Capsule product. Barr amended its ANDA on file with the FDA to certify against the patent in December 2006. Barr's amendment included a certification that the patent listed in the Orange Book for Thalomid Capsules was invalid or would not be infringed by Barr's product. Barr notified Celgene of its challenge to the new patent.
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Patents are granted by the patent and trademark office anywhere along the development lifeline of a drug and can encompass a wide range of claims. Exclusivity is exclusive marketing rights granted by the FDA upon approval of a drug and can run concurrently with a patent or not. Exclusivity is a statutory provision and is granted to an NDA applicant if statutory requirements are met. See 21 C.F.R. 314.108. Exclusivity was designed to promote a balance between new drug innovation and generic drug competition.
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Patent novelty searches start at $400 and can ... vary in relation to the complexity of your invention as well as the amount of time required to prepare and file your application. Although not required by the Patent and Trademark Office, a patent search in many instances may help you determine more than just whether or not your invention is new. Feel free to contact me by phone or e-mail, at no initial cost, to discuss your specific situation.
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This press release contains forward-looking statements regarding Align's planned response to the Patent Office and the outcome of such proceedings. Forward-looking statements contained in this news release relating to expectations about future events are based upon information available to Align as of the date hereof. Readers are cautioned that these forward-looking statements are only predictions and are subject to risks, uncertainties and assumptions that are difficult to predict. Factors that might cause such a difference include, but are not limited to, Align's ability to protect its intellectual property rights and the inherent uncertainty of legal proceedings. These risks are detailed from time to time in Align's periodic reports filed with the Securities and Exchange Commission, including, but not limited to, its Annual Report on Form 10-K for the fiscal year ended December 31, 2004, which was filed with the Securities and Exchange Commission on March 3, 2005, and its Quarterly Reports on Form 10-Q. Align undertakes no obligation to revise or update publicly any forward-looking statements for any reason.
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The Federal agency charged with administering patent laws is the Patent and Trademark Office. See §§ 1-26 of Title 35. Its regulations, pertaining to Patents, are found in Parts 2 - 6 of Title 37 of the Code of Federal Regulations. Each patent application for an alleged new invention is reviewed by a examiner to determine if it is entitled to a patent. See § 1.104 of Part 1 of Title 37 (C.F.R.)
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Now, the Guardian of Britain is reporting that a patent filed by US defense firm Lockheed Martin at the European Patent Office (no. EP1750145) uses Einstein's "spooky action at a distance" for a radar system that allegedly overcomes the limits of conventional radar systems.
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