The USPTO has decided to delay implementation of “required” DOCX filing until January 1, 2023. In August 2020, the USPTO issued a final rule that included a fee for patent applications that are not in DOCX format, and the new fee was scheduled to become effective on January 1, 2022. As published in the November 22, 2021 Federal Register (here), the effective date of this fee has been pushed back one year.READ MORE
Reasons of Decision Issued for Case G1/21 on Oral Proceedings by Videoconference Without Consent
of All Parties
On October 28, 2021, the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) issued the reasons for its decision G1/21 On Oral Proceedings by Videoconference Without Consent of All Parties. The reasons contain some additional information and reasoning which might impact the EPO case law development (and thus the future EPO’s practice) in cases outside these exceptional circumstances and maybe also in proceedings other than appeals, i.e., in first-instance examination or opposition proceedings. READ MORE
JPO Announces New API for Searching and Retrieving Patent Data
On November 8, 2021, the Japan Patent Office (JPO) announced that they will launch a new application programming interface (API) for searching and retrieving patent information from the JPO database. The new API will become available on January 10, 2022.READ MORE
The Patent Trial and Appeal Board’s NHK-Fintiv rule has received much scrutiny. Under the NHK-Fintiv rule, the Board considers whether the advanced state of co-pending parallel litigation justifies the Board’s denying trial in an IPR. At least one of the challenges to the Board’s authority to implement this policy has been stopped in its tracks. Meanwhile, other challenges remain pending. Only time will tell if and for how long the NHK-Fintiv rule will remain viable. Until then, petitioners are advised to file post-grant patent challenges as early as possible. READ MORE
The 2022 U.S. News – Best Lawyers® "Best Law Firms" awards were announced in early November! OBWB was delighted to be ranked a 2022 Best Law Firm for Patent Law & Litigation - Patent.
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