INSIGHTS | JULY 2021

Germany Can Proceed with the Ratification of the Unified Patent Court Agreement

On 9 July 2021, the German Federal Constitutional Court rejected the two pending applications for preliminary injunction directed against the Act of Approval adopted by the German Upper House on 18 December 2020 for the purposes of ratifying the Unified Patent Court (UPC) Agreement. While this rejection clears the way for Germany, the last mandatory participating state, to complete the ratification of the UPC Agreement, it is still unclear when the remaining hurdles for the UPC to operate and the associated European patent having unitary effect to be established may be overcome. READ MORE

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Case G1/21 on Oral Proceedings by Videoconference Without Consent of All Parties

In the order of its decision in case G1/21, the Enlarged Board of Appeal of the European Patent Office (EPO) has held that even if a party to appeal proceedings refuses to give its consent to the conduct of appeal oral proceedings by videoconference, the EPO has the right, during a general emergency, to hold the oral proceedings in this form. READ MORE

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Decision G4/19 On Double Patenting Before the European Patent Office

In decision G4/19 issued on June 22, 2021, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO), which is the highest degree of jurisdiction of the EPO, clarified on what basis a European patent application can be rejected for reasons of “double patenting”, i.e., the prohibition of having two patents granted to the same applicant and on the same invention. READ MORE

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WIPO GREEN Leading the Way in Addressing Climate Change

WIPO GREEN, implemented by the World Intellectual Property Organization, is a free online platform for technology exchange that supports global efforts to address climate change by connecting providers and seekers of green technologies. Through its database, network, and events, WIPO GREEN brings together key players to catalyze green technology innovation and diffusion.

WIPO GREEN assembles in one place various technologies at all stages of development, from prototypes to marketable products. These technologies are available for license, collaboration, joint ventures, and sale. By including eco-friendly technologies as well as technology “needs” in its database, WIPO GREEN has become the go-to platform for green technology innovation. READ MORE

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A Meeting of the Patent Minds: Reconciling Patent Eligibility at the USPTO and Federal Circuit

This past March, several commenters discussed two recent Federal Circuit decisions affirming rejections in patent applications owned by Stanford University for lacking patent-eligible subject matter. Despite the Federal Circuit finding the claims being directed to abstract ideas and thus patent ineligible, both decisions are very important to developing a bright-line standard for Section 101. Using similar logic as found in the USPTO’s revised guidance, Justice Reyna has now opened a door for patent owners to use similar reasoning in defense of already-issued patents. Following Stanford I and Stanford II, patent applicants and patent owners may be facing an improved situation for their patent rights. READ MORE

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Timing of AIA Petitioner Estoppel: “Counterintuitive” or Merely Wrong?

A U.S. trial court recently allowed a patent owner plaintiff to proceed at trial on asserted patent claims that had previously been found by the PTAB to be invalid in an IPR, while at the same time preventing the winning IPR petitioner defendant from asserting its already successful prior art defenses against the same allegedly infringed patent claims, based on AIA petitioner estoppel under 35 U.S.C. § 315(e)(2). The trial court acknowledged that this result “seems counterintuitive,” and overlooked the fact that the CAFC has already suggested that this result is simply wrong, not merely counterintuitive. READ MORE

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IAM PATENT 1000 2021 RANKINGS

IAM Patent 1000 published their 2021 rankings in July. Osha Bergman Watanabe & Burton was recognized among the intellectual property law firms recommended for patent prosecution. IAM Patent's review of OBWB can be found here. We congratulate OBWB Global Chair Jonathan Osha and Managing Partner Jeffrey Bergman on their inclusion to IAM Patent's list of individuals recommended in IP law/patent prosecution.

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