Patent Application Pendency in Various Countries: Part 1

As clients begin to develop global patent portfolios, an effective practitioner will be aware of basic information related to application filing and pendency in locales where protection is sought. This article provides a high-level look at application pendency, grant rates, and effects of lapse in select countries in South America. READ MORE

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Is an inter partes review petition filed for business purposes other than challenging patent validity a legitimate use of the post-grant validity challenge mechanism of the America Invents Act? A recent California state appellate court decision says “yes” as long as the IPR petition itself is not “objectively baseless” in the sense that no reasonable litigant could realistically expect success of the merits.  READ MORE

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The rule prohibiting use of a broadening reissue application to recapture subject matter surrendered during prosecution applies to claim scope surrendered to overcome a § 101 patent eligibility rejection, as held by the U.S. Court of Appeals for the Federal Circuit for the first time on August 10, 2022 in In re McDonald. Stated differently, claim scope surrendered to gain allowance in response to a § 101 patent eligibility rejection is treated the same as subject matter surrendered to overcome rejections based on lack of novelty and obviousness. READ MORE

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The fourth amended Patent Law of China came into force on June 1, 2021. The new law introduced “general patent term compensation” and “pharmaceutical patent term compensation” which correspond to PTA (Patent Term Adjustment) and PTE (Patent Term Extension) of U.S. patent practice, respectively.  READ MORE

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Carlyn Burton was recognized as a "Best Lawyer" in the 29th edition of The Best Lawyers in America®. This is the third consecutive year that Carlyn has made the list. Congrats on this well-deserved accolade, we couldn't agree more!

Jonathan Osha has been recognized by The Best Lawyers in America® since 2014. We congratulate him on his inclusion in the rankings for 2023. John was recognized for his work in patent law and patent-litigation.

OBWB is pleased to announce our collaboration as a sponsor of the AIPPI World Congress. In addition to participating as an event sponsor, Carlyn Burton is a speaker on the September 11 lunch panel covering the topic, "Diversity & Inclusion Today." You can request a meeting with the OBWB team at AIPPI's 2022 World Congress here.