This well written article by Martha M. Rumore, Pharm.D., J.D. from Medical Economics, provides insight into the many aspects of intellectual property law as it relates to the medical profession. As an additional point regarding the discussion of patent law, it must be kept in mind that patent litigation costs are not inexpensive. Even
Intellectual Property
COVID Impact: HIPAA and Privacy
By Michael Cassidy on
The following are just some random thoughts or curated information regarding the impact the COVID pandemic will have on privacy in general, and health information privacy in particular.
I have attached a link to information issued by HHS explaining that, not only are HHS and OCR specifically advising that the release of patient information regarding…
HHS Publishes Health Care Cyber Attack Checklist
By Michael Cassidy on
Posted in HIPAA, HIT, and EHR, Intellectual Property
HHS has published a very brief guide, in the form of a checklist, to explain the steps for a HIPAA covered entity or business associate to take in response to a cyber related security incident. You can access the checklist at this link:
Patent Enforcement and the Healthcare Industry
By Michael Cassidy on
Posted in Intellectual Property
Contributed by Lee Kim, Esq., USPTO Reg. No. 53,125
412.594.3915
MMRGlobal is targeting the healthcare entities that have an electronic health record system with claims that its "foundational patents" limit the entities’ ability to communicate protected health information without potentially infringing its patents. Through its outside counsel, it has begun sending 250 letters to entities…
Protecting Trademark Rights in Generic Top Level Domains
By Michael Cassidy on
Posted in Intellectual Property
The Internet Corporation for Assigned Names and Numbers (ICANN) has announced the implementation of trademark clearinghouse services. The trademark clearinghouse will function as an information repository, offering authentication and validation services for trademark data. Trademark holders and generic top level domain (gTLD) registry operators will rely on the trademark clearinghouse to support rights protection mechanisms
…
Supreme Court Decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc.
By Michael Cassidy on
Posted in Intellectual Property
Contributed by: Lee Kim, Esq.
412.594.3915
In a unanimous decision, the US Supreme Court held that the claims in Mayo Collaborative Services v. Prometheus Laboratories, Inc. (Docket No. 10-1150) effectively claim a law of nature and are therefore not patent eligible under 35 U.S.C. 101. The claims in the Mayo decision were directed to a process…
USPTO Webinar on New Patent Fees and America Invents Act
By Michael Cassidy on
Posted in Intellectual Property
USPTO to Host February 21 Webinar with Senior Agency Officials
The United States Patent and Trademark Office (USPTO) will host a free public webinar with senior agency officials on Tuesday, February 21, 2012 at 4:30 p.m. Eastern Time. USPTO Director David Kappos and other agency leaders will outline proposals for new patent fees, as well…
USPTO to Study Independent, Confirming Genetic Diagnostic Tests
By Michael Cassidy on
Posted in Intellectual Property
The USPTO is required by the America Invents Act ("AIA") to study and report on ways of providing independent, confirming genetic diagnostic tests where gene patients and exclusive licensing for primary genetic diagnostic tests exist. In an effort to gather information, the USPTO is hosting two hearings:
1. Thursday, February 16, 2012 at 9 AM…
USPTO Releases Fiscal Year 2011 Performance and Accountability Report
By Michael Cassidy on
Posted in Intellectual Property
The USPTO has released its fiscal year 2011 performance and accountability report:
http://www.uspto.gov/about/stratplan/ar/2011/USPTOFY2011PAR.pdf.
Trademark Manual of Examining Procedure 8th edition
By Michael Cassidy on
Posted in Intellectual Property
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The United States Patent and Trademark Office ("USPTO") has released in October 2011 the Trademark Manual of Examining Procedure ("TMEP").