Announcement Description

The AIPLA Chemical Practice Committee is pleased to present this free webinar on how to address the application of Restriction Requirements to Markush groups.

The link to the recording of the webinar is below. You will need to complete a brief registration form (including your AIPLA member number) to access the recording:

Restriction Requirements are expressly prohibited within a Markush claim.  Yet, the USPTO keeps issuing them.  During this webinar, Bob Titus (Eli Lilly) and Brian Lathrop (Drinker) will discuss the following:

• The Unique Problems Markush Groups Present During Examination

• The Tension Between Restriction and Election-of-Species Requirements

• The New Unity of Invention Rejection

• Examination and Prosecution—Practical Problems With Markush Claims

• Proposed Alternative Approaches

• Strategic Considerations

There will be no CLE credit for this free webinar.
Title: Restriction of Markush Claims: Theory and Reality
Date: Tuesday, April 3, 2012
Time: 12:00 PM - 1:00 PM EDT


​Applications of Isotope-Ratio Technology in Pharmaceutical & Biopharmaceutical IP Protection

The AIPLA Chemical Practice Committee is pleased to present this free webinar on how to detect patent infringement and non-infringement using isotope testing.

The link to the recording of the webinar is below. You will need to complete a brief registration form (including your AIPLA member number) to access the recording:

Click here to view the webinar.

We all know that the infringement of patent claims is difficult to detect and even more difficult to prove.  In this webinar, Dr. Albert Lee and Ms. Ila Sharma of Chemir- EAG and Dr. John Jasper of Molecular Isotope Technologies (MIT LLC) will discuss how isotopes of compounds can be analyzed to determine how a compound was made and in which country.  Also, Mr. Dean Eyler, Principal at Gray Plant Mooty and Mr. Martin Pavane, Vice Chair of the Intellectual Property Group at Cozen O’Connor will discuss how to get data admitted at trial and prove infringement.  Listen to this webinar, and get ready to enforce your patent claims!



​Thursday, January 30, 2014

3:30-4:30 “Committee Expo—A World’s Fair of IP” - join us at the Chemistry booth to welcome new and existing members and present the committee to the rest of the conference.  We will have a trivia game at the booth with questions provided by our members that relate to chemistry or chemical patent law.

4:30-5:30 Committee meeting to discuss committee business.


If you would like to present an AIPLA chemical practice webinar, please contact Kim Choate at for more information.​


Members of the AIPLA chemical practice group can now view the webinar "Predictability in Solid State Chemistry and Patents" by following the link below:



​STRANGLEHOLD!  Written Description and Functional Claiming in the Chemical and Biotech Arts 

January 7, 2016 - 12:30 - 2:00 pm Eastern (signup)

Functional claiming might provide broad claim coverage in the chemical and biotech arts and help overcome 101 ineligibility rejections, but functional claims are inherently vulnerable to invalidity challenges for lack of written description support. In this webinar we will evaluate recent case law on written description and whether functional claiming is worth the risk for various chemical and biotech patent claims.


​Dear Chemical Practice Committee Member:
On October 4, 2015, Ministers of the 12 Trans-Pacific Partnership (TPP) countries – Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States, and Vietnam – announced conclusion of their negotiations which resulted in an agreement designed to promote economic growth; support the creation and retention of jobs; enhance innovation, productivity and competitiveness; raise living standards; reduce poverty in our countries; and promote transparency, good governance, and enhanced labor and environmental protections.  The Trans-Pacific Partnership endeavors to provide a new standard for global trade while taking up next-generation issues.  Features of the agreement include the elimination or reduction of tariff and non-tariff barriers across substantially all trade in goods and services.
The AIPLA Chemical Practice Committee has been asked to review provisions of the TPP treaty for impact on intellectual property rights and specifically provide comments to Section F, Subsection B of Chapter 18 of the Trans Pacific Partnership (TPP) Treaty entitled “Measures Relating to Agricultural Chemical Products.”  This section is directed to the protection of data submitted for marketing approval of agricultural products such as pesticides.  The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides a parallel data protection provision in section 3(c)(1)(F)(i).  A link to the treaty is provided below.
A link to the TPP text is here:
A link to FIFRA can be found here:
Should you have any comments that you would like to share regarding the measures relating to agricultural chemical products, please send them via email to Carol Nielsen and Roy Issac no later than January 8, 2016.
Thank you in advance for your time and considerations.
Happy New Year.
Carol Nielsen
Chair, AIPLA Chemical Practice Committee
Roy Issac
Vice Chair, AIPLA Chemical Practice Committee


​The AIPLA Chemical Practice Committee is requesting CLE for our committee meeting at the 2018 Midwinter Meeting. The 2018 Midwinter Meeting will be from January 24—27, 2018 at the La Quinta Resort and Club in La Quinta, CA. The AIPLA room block sells out early so if you want to received the AIPLA rate of $290, make your reservations early! The room block cut-off is January 2, 2018.

The topic is How to Win-Win with a Unitary Patent System and Innovation in Europe.

The topic will be presented by:

Dr. Holger Tostmann
Patentanwalt (German patent attorney)
European patent attorney
Wallinger Ricker Schlotter Tostmann
Munich, Germany


Dr. Matthew Barton
UK chartered patent attorney
European patent attorney
Munich, Germany

Topic Overview: The Unitary Patent and Unified Patent Court aims to strengthen and simplify the patenting procedure in Europe, thereby benefitting inventors and innovators seeking protection for their IP investment. The Unitary Patent will provide blanket protection across 26 EU member states – a unified market of around 400 million people. The Unified Patent Court will handle validity and infringement of these Unitary Patents and ultimately European patents too, in a single forum providing legal certainty and avoiding costly parallel litigation. This session will discuss the proposed operation of the new systems as well as providing an update of the latest status, including an explanation of the delays caused by Brexit in the UK and the constitutional complaint filed in Germany. Most importantly we will look into how the unitary systems will benefit the chemical industry, whether the aims of the systems are achievable, and what potential problems might arise with a unified patent regime.


​The Spring Meeting will be held from May 15-17, 2018, at the Westin Seattle, in Seattle, Washington. The topic of the Chemical Practice Committee will be titled “Welcome to the Machine: The Impact of the Application of Computational Techniques and Artificial Intelligence to the Chemical Arts.” The unpredictability of the chemical arts has long been appreciated in patent law (In re Fisher, 427 F.2d 833, 839 (CCPA 1971)). This is particularly evident in the analysis of enablement (Allergan, Inc. v. Sandoz Inc., 796 F.3d 1293 (Fed. Cir. 2015)) and obviousness (KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (2007)). Once the sole province of serendipity, human genius, and empirical observation, the chemical arts are being impacted by the application of computational techniques and artificial intelligence. Although far from perfected, reports suggest that significant advancements in the application of computational techniques may increase the predictability of some chemical properties (See: Fuqiang Ben, et al., J. Chem. Inf. Model., 57, 1018 (2017)). Additionally, advances in the application of artificial intelligence technologies are reported to have aided in the selection of molecules for evaluation as pharmaceuticals (Daniela Hernandez, The Ways AI Is Transforming Drug Development, The Wall Street Journal (June 26, 2017)). This session will explore how these emerging applications of technology may impact inventorship, ownership, enablement and obviousness in the chemical arts.