INSIGHTS | FEBRUARY 2021
Parallel Patent Grant (PPG) Initiative Allows U.S. Patent Holders To Obtain Easier and Faster Corresponding Patents in Mexico

The United States Patent and Trademark Office and the Mexican Institute of Industrial Property announced the launch of the Parallel Patent Grant (PPG) initiative, which expedites the grant of a Mexican patent for businesses and individuals that are already in possession of a corresponding U.S. patent. READ MORE


Video Game Technology and IP Law:
Problems in Patents  
Despite an extensive American patent tradition, some patent practitioners perceive video game inventions as being outside the scope of technical inventions that are available for patenting. Unlike traditional gaming patents, however, video game technologies are heavily integrated with many “hard” technologies, such as electrical circuits, advanced graphical processing, complex mechanical devices, touch-sensing, augmented and virtual reality, artificial intelligence, and numerous software disciplines. Even with these technical advantages, many video game patent applicants still face unique challenges that are not commonly encountered in other technologies areas. This article briefly discusses common issues found among video game patents and patent applications with respect to (1) patent eligibility, (2) overcoming prior art, and (3) infringement issues associated with different video game revenue models. READ MORE
Is There A Glimmer of Light at the End of the
Subject Matter Eligibility Tunnel?
It is not exaggeration to say that the US Supreme Court’s 2014 decision in Alice Corp. Pty v. CLS Bank Int’l has never been understood by the US Patent and Trademark Office or the federal courts. The degree of misunderstanding is so great that when called upon to review a lower court decision invalidating a patent claiming a method for manufacturing a propeller shaft having reduced vibration characteristics, six circuit judges of the US Court of Appeals for the Federal Circuit agreed that the claims were directed to patent-ineligible subject matter, and exactly six other circuit judges of the same court disagreed and stated that the claims were not invalid for claiming patent-ineligible subject matter, with all twelve circuit judges applying the same principles of law set forth in the Supreme Court’s 2014 Alice Corp. decision. The Supreme Court recently signaled its potential interest in revisiting the issue of patent-ineligible subject matter in the case involving propeller shafts. Further explanation and clarification of Alice Corp. are long overdue. READ MORE
China's Punitive Damages and FTO Analysis in Patent Cases (Part II)
In the first part of the article, we discussed the risk of punitive damage for patent infringement without FTO analysis, the benefit of qualified patent infringement analysis, and the requirement of the FTO analyst. In this part of the article, we will discuss the requirement of the content of the FTO opinion. READ MORE
INTRODUCING NEW OBWB PARTNERS
OBWB is pleased to announce two new firm partners. We congratulate Keelin Hargadon and Kevin Kuelbs on their new leadership roles at
Osha Bergman Watanabe & Burton.
Native Texan Keelin Hargadon joined OBWB out of law school. She is the firm's lead trademark attorney and is currently based in our Houston office. READ MORE
Since joining the firm in 2011, Kevin Kuelbs has become an integral part of the OBWB team. Kevin is the lead attorney for the firm's office in Boulder, Colorado. READ MORE
RECENTLY PUBLISHED
“Women in IP Leadership"
OBWB Partner Carlyn Burton was recently interviewed for The Patent Lawyer magazine. Their segment titled Women in IP Leadership is, "dedicated to women working in the IP industry, providing a platform to share real accounts from rising women around the globe." According to the magazine, "in these interviews we will be discussing experiences, celebrating milestones and achievements, and putting forward ideas for advancing equality and diversity. By providing a platform to share personal experiences we aim to continue the empowerment of women in the world of IP."  We invite you to read her full article here on PDF pages 25 & 26.