Changes in Guidelines for Examination

The European Patent Office (EPO) has recently published the annual update of its Guidelines of Examination, which will come into force on November 1st, 2018. In particular, the EPO update includes changes to unity of invention requirements and the patentability of mathematical methods.

The Federal Circuit Provides Guidance for Obviousness Decisions at the PTAB: Provide an Explanation and be Consistent

In Emerson Electric Co. v. SIPCO, LLC, No. 2017-1866 (Fed. Cir. August 29, 2018), the U.S. Court of Appeals for the Federal Circuit provides valuable guidance for panels of judges at the United States Patent Trial and Appeal Board (PTAB). In this nonprecedential court decision, the Federal court has vacated and remanded a PTAB decision for being inadequate in explaining its reasoning on a point central to its analysis. 
PTAB Replaces BRI Standard with Phillips Standard

On October 11, 2018, the United States Patent and Trademark Office (USPTO) published its final rule entitled "Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board." The final rule, applicable to Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM) Review, will become effective on November 13, 2018.
Satin China flag
The Effect and Application of China's Guiding Cases

In 2017, Osha Liang Newsletter published three articles discussing patent-related guiding cases issued by the Supreme People's Court of China, i.e., Guiding Case No. 83 [1] , Guiding Case No. 84 [2] , and Guiding Case No. 85 [3] . This article will further  discuss the nature and effect of guiding cases within China ' s legal system and explain how to implement IP-related guiding cases into Chinese legal practice.

Osha Liang and Binjiang, Hangzhou signed a Strategic Cooperation Agreement

On September 5, 2018, Mr. John Osha, the managing partner of Osha Liang LLP and Ms. Han-Mei Tso, the chief representative of Osha Liang Hangzhou Representative Office met with Hangzhou High- T ech Zone (Binjiang) Science and Technology Bureau.  During the meeting, t he two parties signed a strategic cooperation framework agreement to deepen international cooperation between both organizations in the field of intellectual property.

At the close of AIPPI's 2018 Annual World Congress, Osha Liang's managing partner, Jonathan Osha, was elected Reporter General of AIPPI. To view other developments within the AIPPI Bureau, 
click here.


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