Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: International IP
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By James Korenchan, Michael Anderson, and Yukio Oishi — Patent practitioners who focus their practice in the high-tech sector have most likely encountered Japanese patent law in one form or another. More often than not, companies at the forefront of technological advancement make, use, and sell products in Japan, or have competitors who do the…
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By Kevin E. Noonan — On April 25th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2019 Special 301 Report. In a press release, the USTR stated that "over the coming weeks, USTR will review the developments against the benchmarks established in the Special 301 action plans for countries that have been on the Priority…
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By Charlotte Teall — The long-awaited UK Supreme Court decision concerning Warner-Lambert's Lyrica® patent was handed down in December. In summary, the Supreme Court dismissed Warner-Lambert's appeal and upheld that the patent did not sufficiently disclose the claimed medical uses, i.e., all pain including peripheral and neuropathic pain. They also found that the claims were…
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The following article was reprinted with permission from Sargent & Krahn. Recently, the Chilean Government submitted to Congress a Law Bill modifying the Industrial Property Law, the National Institute of Industrial Property Law as well as minor modifications to the Criminal Procedure Law. The Proposed Bill intends to update the corresponding legislation of trademarks, patents,…
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By David Schwartz* and Jeff Leuschner** On December 1, 2018, the Canadian government released its proposed new Patent Rules in the Canada Gazette, Part I. This is one of the last steps necessary for implementing significant changes to Canada's patent law, which are expected to come into force in 2019. There will be many changes…
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EPO Becomes First Authority to Release Guidance Specific to Eligibility of AI/ML By Aaron Gin – Artificial intelligence (AI) and machine learning (ML) are specifically addressed in new draft Guidelines for Examination (Guidance) released earlier this month from the European Patent Office (EPO). The Guidance includes two new patentability-related subsections directed to 1) AI/ML; and 2)…
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By Kevin E. Noonan – The World Intellectual Property Organization (WIPO) launched a pilot program on July 1st termed Collaborative Search and Examination (CS&E) that will enable an applicant to have searching performed by all five of the major global patent offices (the USPTO, European Patent Office (EPO), Chinese Patent Office (SIPO), Japan Patent Office (JPO),…
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The following article was reprinted with permission from J A Kemp. The European Patent Office (EPO) applies the same basic patentability criteria to antibodies as to other inventions, but it can sometimes appear that antibodies are treated as a special case. For an explanation of the basic approach adopted by the EPO, please see our…
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By Kevin E. Noonan — On April 28th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2018 Special 301 Report. According to the USTR website, "[t]he ideas and creativity of American entrepreneurs fuel economic growth and employ millions of hardworking Americans" and "[t]his report sends a clear signal to our trading partners that the protection of…
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By Antony Craggs* — The therapeutic methods exclusion is often problematic to navigate. In T 0699/12, the Technical Board of Appeal (TBA) of the European Patent Office (EPO) has provided some useful guidance on its application. In an opposition before the Opposition Division, the division held that the patent in suit (which was for a…
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