USPTO withdraws proposed changes to terminal disclaimer requirements

USPTO withdraws proposed changes to terminal disclaimer requirements

The United States Patent and Trademark Office (USPTO) has withdrawn its proposed rule to amend terminal disclaimer requirements to address non-statutory double patenting. Originally published in the Federal Register on May 10, 2024, the proposed rule sought to ensure...

2024 in Review

Our Editorial Board share their insights on the key takeaways from 2024 that will shape important developments in IP practice for 2025 and beyond.

From ideas to impact: enhancing patent transfer in Chinese universities

Eddie Zheng, Partner at Corner Stone & Partners, highlights the challenges and progress in patent transfer and transformation at Chinese universities in light of the introduced policies to promote the commercialization of research.

Means-plus-function claims: a return to relevance?

Eric L. Maschoff and Mark W. Ford of Maschoff Brennan detail the possible advantages of means-plus-function claims to evaluate their use and suggest their possible comeback.

Patent protection for digital twins

Massimo Galluppi, Patent Attorney at Dennemeyer & Associates, analyses the evolution and patentability of digital twins, considering potential and virtual technical effects, with particular reference to the EPO’s approach.

Competing interests: assessing legal standing in patent invalidation procedures

Gerardo Oliver Silva Castro, Associate at Uhthoff, explores the critical role that legal standing plays in determining who has the right to challenge a patent’s validity and the implications of these challenges on innovation and competition.

Hachette Book Group Inc. v. Internet Archive: the latest copyright book brawl

David McCombs, Eugene Goryunov, and Mallika Dargan of Haynes & Boone review the recent copyright case that brought the rights of fair use into question regarding electronic copies of books.

Understanding inventive step as patentability criteria

Ranjan Narula and Suvarna Pandey of RNA, Technology and IP Attorneys outline various factors influencing the determination of inventive step, including the subjective judgment of the Person Skilled in the Art (PSITA), the specific field of technology, legal frameworks across countries, and case-specific elements.

Women in IP Leadership: An interview: inspirations, experiences, and ideas for equality

Featuring: Amy Gagich, Senior Manager in Product Management, Intellectual Property, at Clarivate

Sponsored by: Clarivate

Women in IP Leadership: An interview: inspirations, experiences, and ideas for equality

Featuring: Konnie Love, Senior Manager of IP Administration at Kilpatrick

Sponsored by: Clarivate

Jurisdictional Briefing, Russia: rising official fees at the Russian patent office: key changes in patent and fee regulations

Dr. Tatiana Vakhnina and Dr. Alexey Vakhnin of Vakhnina and Partners introduce the fee changes effecting registrations as of October 2024 in Russia.

Jurisdictional Briefing, US: Federal Circuit overhauls longstanding test for non-obviousness as applied to design patents

Michael J. Rye, Partner at Cantor Colburn, reviews the Federal Circuit’s recent decision to discard the Rosen-Durling test, eliminating previously key factors for determining obviousness.

Applying for design patent protection in the USA

Jeremy W. Miller and Wendy M. Slade of Dowell & Dowell explore the essentials of design patent protection in the US with insights on application procedures, drawing requirements, and common pitfalls.

Current challenges in Mexican patent practice: divisional applications and double patenting

Sergio Olivares and Mauricio Samano of OLIVARES explore the evolving landscape of patent law in Mexico, with a focus on the complexities of divisional applications and the challenges faced by applicants navigating the new legal framework.

Federal Circuit ruling further narrows the printed matter doctrine

Peter Gao, George Chen, and Cory Smith of Bryan Cave Leighton Paisne review the recent IOENGINE v. Ingenico ruling which addressed whether limitations related to “encrypted communications” and “program code” are considered printed matter under federal statutes regarding prior art.

Punitive damages in patent infringement under Chinese intellectual property law: legal framework, requirements, and practical insights

Ji Liu, Director of the patent litigation department at CCPIT Patent and Trademark Law Office, outlines the essential requirements for claiming punitive damages, focusing on the importance of timely claims and the need to demonstrate intentionality and severity in the infringement.

The culture of happiness

Diane Silve, Director & Senior Trademark Counsel at Mondelez International, shares insights on fostering a positive and productive team culture through the lens of happiness and collaboration.

The Patent Lawyer Annual 2025

Barnes & Thornburg announces 2025 partnership promotions

Barnes & Thornburg announced today that 19 attorneys, including five IP attorneys, have been promoted to its partnership, effective January 1, 2025. The new partners represent a diverse range of practice areas and geographic locations across the firm’s national...

Nokia signs patent license agreement with HP

License covers the use of Nokia’s video technologies in HP’s devices Nokia to receive royalty payments The agreement resolves all patent litigation between the parties 29 October 2024 – Espoo, Finland – Nokia announced it has signed a multi-year patent license...

AI patents at BofA increase 94% since 2022

Company’s patent portfolio includes nearly 1,100 AI and machine learning patents CHARLOTTE / LONDON / HONG KONG – Bank of America is dedicated to the use of innovative technology to best meet the needs of its clients and employees. This commitment to innovation has...

More Copyright News

Why so opaque? Transparency and the Unified Patent Court

The Unified Patent Court (UPC) Rules on public access were meticulously debated in the run-up to the UPC's launch. As a court, its task first and foremost should be to provide justice, and justice should be transparent. Right? This seemed to be the intention behind...

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Lenovo’s Zenbook attack: valid claim or troll move?

Lenovo has sued ASUS TeK in the Northern District of California (23-CV-5892), alleging ASUS’ Zenbook Pro laptop infringes four of Lenovo’s patents: a rotatable hinge (US Patent No. 8,687,354), diagonal touchpad scrolling (7,760,189), a wireless wake feature...

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Ojam Bullrich Flanzbaum appoints Paula Galván as partner

The law firm specializing in Intellectual Property, Ojam Bullrich Flanzbaum, has appointed Paula Galván as a partner, who has been part of the team of this company since February 2021.  Paula is a lawyer graduated from the University of Buenos Aires and an Industrial...

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Designing a new patent bar

On November 15, 2023, the United States Patent and Trademark Office (USPTO) announced that it is creating a new patent bar specifically for design patents. Practitioners with one of the following degrees: bachelor’s, master’s, or doctorate, qualify to seek admission...

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Start-up to scale-up: does IP hold the key?

The UK Government’s enthusiasm for technology as evidenced by the recent Autumn Statement and the AI Safety Summit is positive and recognizes the fantastic scientific resources we have in the UK (including our universities, scientists, angels, VCs, IP lawyers, and...

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UK court decides AI is patentable

A recent judgment of the High Court of England and Wales has opened the door for patenting artificial intelligence (AI) in the United Kingdom. The judgment in Emotional Perception AI Ltd v. Comptroller-General of Patents, Designs, and Trade Marks [2023] EWHC 2948...

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The Supreme Court denies petition on patent reissue standard

Early last month, the Supreme Court rejected a petition from inventors challenging a Federal Circuit ruling that their reissue patents were invalid. The rejection leaves in place the Federal Circuit’s standard for a reissue patent application; whether the original...

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Women in IP Leadership

A segment dedicated to women working in the IP industry, providing a platform to share real accounts from rising women around the globe. In these interviews we will be discussing experiences, celebrating milestones and achievements, and putting forward ideas for advancing equity and diversity.

By providing a platform to share personal experiences we aim to continue the empowerment of women in the world of IP.

DEI

Diversity, Equity & Inclusion Series

In this six-part series Dr. Suzanne Wertheim, of Worthwhile Research & Consulting, talks to The Patent Lawyer about diversity, equity, and inclusion: what it means; the current challenges; DEI in law; gender bias; and what we can all do to improve.

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