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MONTHLY INSIGHTS
OCTOBER 2018
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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.
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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 In this nonprecedential court decision, the Federal court has vacated and remanded a PTAB decision for being inadequate in explaining its reasoning on a point central to its analysis.
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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.
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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.
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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.
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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,
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DISCLAIMER: This information is being provided to you as a service to our clients and those who elected to receive mailings from our firm. The information contained herein is intended for informational purposes only and should not be construed as legal advice. This newsletter does not create any form of attorney-client relationship with our firm or with any of our attorneys.
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