IPR Institution Guidelines Must Comply with Notice-and-Comment Rulemaking Procedures

Photo Credit:  Michail Sapiton

In Apple, Inc. v. Vidal, the U.S. Court of Appeals for the Federal Circuit recently held that the U.S. Patent and Trademark Office’s Fintiv factors” guideline for deciding whether to institute inter partes review proceedings was not properly adopted in accordance with notice-and-comment rulemaking procedures required by the Administrative Procedure Act.   The Office is already moving toward formal rulemaking in compliance with applicable procedural requirements.

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EUIPO to Potentially Administer the EU Licensing Process for Standard-Essential Patents

The European Commission is working on a legislative proposal that would regulate the licensing regulations for standard-essential patents (SEPs). It is speculated that the proposed regulation will include a complete overhaul of the current SEP licensing system and will insert a new layer of bureaucracy in this area. This regulation, set to be presented in draft form on World Intellectual Property Day on April 26th, 2023, could have a significant impact on patent-licensing.

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ChromaDex – A Man-Made Dietary Supplement can also be a Naturally-Occurring Product 

Photo Credit: Daniel Quiceno M

The United States Court of Appeals for the Federal Circuit recently a trial court’s decision that a claimed dietary supplement is patent-ineligible subject matter under 35 U.S.C. §101 because the supplement includes isolated nicotinamide riboside, which is a naturally occurring vitamin present in cow’s milk. The ChromaDex decision is an important reminder that extra care is required when claiming inventions with strong similarities to any naturally occurring materials.

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OBWB WEBINAR

ARTIFICIAL INTELLIGENCE & IP

On April 7th, OBWB's Hangzhou Office held the webinar "Artificial Intelligence and Intellectual Property - Part 1: AI & and Patents". Many IP professionals from different countries attended.


The webinar was hosted by the Chief Representative of the Hangzhou Office, Han-Mei Tso. OBWB's Global Chair, John Osha gave the keynote speech, and the Deputy General Manager of the Hangzhou Office, Jude Yi provided the Chinese commentary.


"Artificial Intelligence and Intellectual Property - Part 2: AI and Copyright" is expected to be held in mid-June.

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#WIPNE

The AIPLA 2023 Women in IP Law Global Networking Event was held on April 27th. OBWB's Hangzhou office hosted the Hangzhou session. The theme of this year's event was, "Owning Your Voice" - encouraging women to find their space and speak up on their role in the legal profession. More than 60 cities around the world participated in this event. In Hangzhou, a group of women from various IP practices gathered for a floral arranging activity. Everyone thoroughly enjoyed having an opportunity to network, share experiences, and chat about challenges and achievements in their professional and personal lives. A highlight of the event was joining the videoconference meeting to greet other cities hosting similar gatherings simultaneously. The event was a great success and enjoyed by all.

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