Abnormal Patent Crackdown Continues in China
The Chinese government is stepping up efforts to promote intellectual property quality.
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Adding Subject Matter to International Patents
Applicant will not have to deal with combating their own prior art under § 103 in the United States, international jurisdictions tend to be more stringent in their considerations.
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USPTO’s Semiconductor Technology Pilot Program
The USPTO’s Semiconductor Technology Pilot Program (STPP), announced on November 30, 2023, represents a significant initiative to boost innovation in semiconductor manufacturing. This program, supporting the CHIPS for America program, aims to expedite the patent examination process for specific semiconductor innovations.
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International Patents: Grace Periods after Public Disclosures
Once a public disclosure is made, the public disclosure bars the filing of a patent application in almost all jurisdictions. However, in the United States, there is a 12 month grace period starting from the public disclosure to file a patent application. A patent filing in the US does not count as prior art if we make a US filing before a public disclosure. Therefore, we have two routes to file applications in other countries.
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Changes to the Canadian Patent System
Canadian Patent Office to implement new rules impacting fee structure for excess claims and RCE’s, PCT translations, and WIPO sequence listing standards
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Canadian Federal Court Applies New Test for Patent Subject Matter Eligibility
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Chinese Patent Litigation: Leveraging Specialized IP Courts
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Duty of Disclosure Before USPTO Highlighted in Federal Register
The notice provides ample guidance for all parties under the duty to disclose, including whom the duty of disclosure applies to and the equivalence of the duty of disclosure to the Patent Office to all other branches of government and commercial actions.
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Chinese Utility Models, Strengthening and Supplementing Intellectual Property Protection in China
Chinese Utility models can provide an alternative to invention patents and supplement them too.
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Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights
Funding agencies have taken a very narrow approach when interpreting the four categories listed above from 35 U.S.C. § 203. Accordingly, contractors should understand how march-in rights function in theory, but it is historically unlikely to assume an agency would exercise this power without further legislation. Ultimately, contractors should focus on furthering their research and ensuring proper disclosure practices to their funding agencies, as it is historically unlikely that a funding agency will exercise their march-in rights and compel contractors to license any of their subject inventions.
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