MONTHLY INSIGHTS
JULY 2022
USPTO Transitions to New Requirements for Nucleotide and Amino Acid Sequence Listings
Patent applications that include a disclosure of a nucleotide and/or amino acid sequence must be accompanied by a sequence listing presenting the biological sequence data. On July 1, 2022, the United States Patent and Trademark Office transitioned to a new standard for the presentation of nucleotide and amino acid sequence listings, based on the new WIPO Standard 26. READ MORE
Texas District Court Ends Automatic Assignment
of New Patent Litigation Cases to Judge Albright
On July 25, 2022, Western District of Texas Chief U.S. District Judge Orlando L. Garcia issued an “Order Assigning The Business Of The Court As It relates To Patent Cases.” The Order states that all new patent infringement cases filed on or after July 25, 2022 in the Court’s Waco Division – in which District Judge Alan Albright is the only presiding judge – “shall be randomly assigned to” any of the twelve U.S. district judges sitting in any of the divisions of the Western District. The Order effectively ends Judge Albright’s exercise of authority over a substantial percentage of patent cases filed in the United States, going forward. READ MORE
World Trade Organization Reaches Agreement on Temporary TRIPS Waiver Regarding COVID-19 Vaccines
On June 17, 2022, the World Trade Organization announced an agreement on a deal that temporarily removes intellectual property barriers for COVID-19 vaccines, and postpones the discussions on extending the waiver to treatments and tests by six months. READ MORE
EPO Decision T 0043/18 Confirms That A Higher Level Of Purity May Be Novel
Decision T43/18 confirms that the European Patent Office may acknowledge the novelty of a purity level of a chemical compound (or a composition comprising a chemical compound) in view of prior art disclosing the same compound (or composition) having a lower purity level. The main patentability hurdle for claims having a purity level as the exclusive distinguishing feature in view of the prior art then shifts from novelty to inventive step. READ MORE
Negative Claim Limitations – Is Silence Enough?
Negative claim limitations are often used during patent prosecution to overcome cited prior art. Unfortunately, patent drafters do not always consider the possible need for negative claim limitations, and specifications are often silent on what is excluded or why. A recent decision of the U.S. Court of Appeals Federal Circuit decision highlights the need for caution when considering amending a claim to include a negative claim limitation about which the specification is silent. READ MORE
IAM PATENT 1000
We are pleased to announce that OBWB was recommended for patent prosecution in Texas in the 2022 edition of IAM Patent 1000. "OBWB is a sophisticated IP boutique that strikes the perfect balance between quality and value." - "Jonathan Osha and Jeffrey Bergman serve as global chair and managing partner, respectively.
Osha is outstanding in his mentorship and his work as a strategic counsellor. He is also one of the foremost minds when it comes to AI-related IP matters. Bergman is a Swiss Army knife of a patent lawyer who can address all his patrons’ issues and problem solve flawlessly."