Stay up to date with the latest intellectual property developments from New Zealand and around the world.
Time Waits for No Man … or CAT
In Tigercat International Inc v Caterpillar Inc 2020 NZIPOTM 18 the Assistant Commissioner denied Caterpillar’s request to halt a second proceeding involving an identical mark covering the same and some additional class 7 goods primarily due to the potential relevance of their different filing dates and the consequent absence of issue estoppel.
Discussion Paper Released for Patents Accessibility Review
The Australian Government’s Department of Industry, Science, Energy and Resources has commissioned a Patents Accessibility Review with a view to ensuring that the standard patent system is as accessible as possible to Australia’s Small and Medium Sized Enterprises (SMEs).
Problem Found with Problem-Solution Approach to Claim Interpretation
In the recent Canadian Federal Court decision Choueifaty v Canada (Attorney General) 2020 FC 837 the Judge rejected the problem-solution approach to claim construction, finding that that interpretive framework can restrict the purposive construction of the claims.
USPTO Guidance Memo Clarifies Possible Use of Patent Specification in IPR
The USPTO Director-General has issued a guidance memorandum to standardise how the Patent Trial and Appeal Board (PTAB) will treat applicant admitted prior art (AAPA) in Inter Parties Review (IPR) proceedings.