News & Analysis as of September 17, 2024

Foreign Patent Applications

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Latest Federal Court Cases - January 2024

Schwabe, Williamson & Wyatt PC on 1/3/2024

K-Fee System GmbH v. Nespresso USA, Inc., Appeal No. 2022-2042 (Fed. Cir. Dec. 26, 2023) In an appeal from a district court judgment of noninfringement, the Federal Circuit reversed the underlying claim construction...more

Foreign Filing for Patents

Dunlap Bennett & Ludwig PLLC on 4/4/2022

Many people applying for a patent in the United States only consider filing in other countries as an afterthought. You should consider whether you want to file in foreign countries before filing a nonprovisional application...more

Considerations For Applicants and Practitioners Due to Recent EPC Guidelines Regarding Description Amendment Requirements

BakerHostetler on 3/7/2022

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the...more

COVID-19 IP update: Intellectual Property Office developments (UPDATED)

Hogan Lovells on 4/26/2020

China - On 28 January 2020, CNIPA (China's National Intellectual Property Administration) published Notice 350 (see here, in Chinese), which is applicable to trademarks, patents and layout designs of integrated circuits....more

AI has no personality: EPO rules that an AI machine cannot be an inventor in patent applications

Hogan Lovells on 2/28/2020

In the patent grant proceedings for two European Patent Applications, the EPO has ruled that an AI machine cannot be named as an inventor in a Patent Application. Doing so does not comply with the requirement to designate the...more

Global Patent Prosecution - December 2019: Prosecuting Bioinformatics Patent Applications in Europe

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/24/2019

This article discusses challenges in prosecuting bioinformatics patent applications before the European Patent Office (EPO). The EPO determines the subject-matter eligibility of bioinformatics patent applications under...more

Global Patent Prosecution - September 2019: Post-Filing Experimental Data at the European Patent Office

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/30/2019

The Guidelines for Examination in the European Patent Office (EPO) permit the use of post-filing experimental data in a limited manner to support the scope of objected claims. However, reliance on post-filing data differs...more

Global Patent Prosecution Newsletter - September 2018: Third Party Observations in Europe, China, Japan, and for the PCT - To File...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/17/2018

Both the European Patent Office (EPO) and the Japanese Patent Office (JPO) accept a third party observation regarding validity of a patent application. In February 2012, it was announced that third party observations could be...more

Global Patent Prosecution Newsletter - September 2018

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/13/2018

A Survey of Third Party Observation Systems - Third party observations can be a cost-effective way of introducing prior art or arguments related to patentability of a published patent application. The September 2018 issue...more

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