In its NHK Spring Co. v. Intro-Plex Tech., Inc., and more recently its Apple Inc. v. Fintiv, Inc. decisions, the PTAB set forth six factors governing “whether efficiency and integrity of the [patent] system are best served by denying or instituting review.” The third so-called NHK-Fintiv factor focuses on the progress or state of parallel infringement litigation in U.S. district court, without regard to the fact that an IPR petition was timely filed within the statutory one-year period after the petitioner was served with the complaint alleging infringement. Does the PTAB have authority to impose stricter time considerations for filing IPR petitions than Congress has already included in the America Invents Act? READ MORE
China's Punitive Damages and FTO Analysis in Patent Cases (Part I)
According to the fourth amendment of China's Patent Law, “for intentional patent infringement with serious circumstances,” the amount of damages may be enhanced from one to five times of the normal damages amount. This is a very severe sanction for intentional infringement. Although the newly amended Patent Law will not come into effect until June 2021, the five times punitive damages for intentional patent infringement may be implemented from the beginning of 2021 because China’s Civil Code, which stipulates punitive damages in principle, has already come into effect on January 1, 2021. READ MORE
Effective communication between the inventor and the patent agent or attorney is key in producing a high-quality patent application. Both the information disclosure form and the first draft of the application play central roles in that communication. However, at least in a corporate setting, the IDF plays another role that is frequently in tension with its primary purpose; it must first convince the company’s intellectual property committee that the invention is worth the effort and cost of filing a patent application. Failure to meet this challenge spells doom for the invention, at least as a patent. Conversely, the draft application is really directed to the patent examiner, not the inventor. To the inventor the draft may be replete with misunderstandings and seem inexplicably padded with details of, at best, tangentially connected technology. Based upon my experience as both inventor and patent agent, I offer some simple suggestions on how communication between the agent and inventor might be improved. READ MORE
China Announces End of All Patent Subsidies by 2025
Following USPTO Report on Impact of Non-Market Factors on Filing Trends and IP Systems in China, the China National Intellectual Property Administration (CNIPA) announced in the “Notice of the CNIPA on Further Strictly Regulating Patent Application Behavior” the end of all patent subsidies by 2025.
OBWB is delighted to participate as a sponsor at AIPLA's 2021 Virtual Mid-Winter Institute which runs from February 1 - February 5.
RECENTLY PUBLISHED
“Is Covid-19 a permanent game changer in the practice of law?”
OBWB Managing Partner Jeffrey Bergman's article titled "Legal Game Changer" was published in Intellectual Property Magazine's December/January issue. We invite all Intellectual Property Magazine subscribers to read his article here.
