MONTHLY INSIGHTS

New Rules of Procedure of the Boards of Appeal of the European Patent Office

The New Rules of Procedure of the Boards of Appeal (RPBA) of the European Patent Office (EPO) , which will enter into force on January 1, 2020, will apply to all pending appeals - with a few exceptions - and to all new appeals filed after that day. Among the provisions which may have the more significant impact on EPO's users (i.e., Applicants of European patent applications, Proprietors of European patents against which opposition proceedings may be initiated and Opponents), the new RPBA appear to further restrict the room for admissible amendments in appeal proceedings.
The Marrakesh Treaty Aims to Reduce the "Global Book Famine"

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, simply known as the Marrakesh Treaty, makes the production and international transfer of specially-adapted books for people with blindness or visual impairments easier. The purpose of the Treaty is to address and reduce a "global book famine." It does this by establishing a set of limitations and exceptions to traditional copyright law.
Claim Language Can Limit Scope of Design Patent When No Specific  Article of Manufacture is Shown in Figures
 
In Curver Luxembourg, SARL v. Home Expressions Inc., No. 2018-2214 (Fed. Cir. Sep. 12, 2019), the United States Court of Appeals for the Federal Circuit (hereinafter "Federal Circuit") held claim language can limit the scope of a design patent to a specific article of manufacture when the claim supplies the only mention of the actual article of manufacture and no article of manufacture is shown in the figures.
Law concept magnifying optical glass with Courthouse icon and Patent Office word on digital background
USPTO Updates: Changes to Examination Procedures for Subject Matter Eligibility

On October 17, 2019, the USPTO issued an update regarding the 2019 Revised Patent Subject Matter Eligibility Guidance published this past January. In particular, the USPTO considered feedback in response to the January guidance and prepared a follow-up that clarifies the USPTO's examination procedures accordingly. In particular, this new update consists of additional guidance that addresses various concerns in implementing new procedures imposed by January's guidance, new examples for use in connection with the January guidance, a complete index of USPTO's examples regarding subject matter eligibility, and an updated chart of subject matter eligibility court decisions.
Magnifying Glass with the China country Map on white background.
CNIPA Announced Amendments to Patent Examination Guidelines

The China National Intellectual Property Administration recently announced amendments to the Patent Examination Guidelines. The amendments took effect on November 1, 2019. Among other important changes in various procedures, the amendments clarify of the time for filing a secondary divisional application in accordance with an office action, and modify the requirements relating to designs of products incorporating a graphical user interface (GUI), ranging from the product name, the drawings or photographs of the design, to the brief description.
2020 BEST LAW FIRM


Osha Liang was delighted and honored to be ranked a 2020 " Best Law Firm" receiving recognition in the following categories:

 

Metropolitan Tier 1 (Houston) 

Patent Law

Metropolitan Tier 2 (Houston) 
Litigation - Patent
"Firms included in the 2020 Edition of U.S. News - Best Lawyers "Best Law Firms" are recognized for professional excellence with consistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise."   [Excerpt from  Best Law Firms Press Release ]

Austin    Boulder     Hangzhou     Houston     Paris    Tokyo      Washington, D.C.



Follow us on Twitter  View our profile on LinkedIn 
 www.oshaliang.com

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.