Pipers issues a bulletin on a monthly basis providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia. Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.
Contents Summary of Latest Bulletin
Further Expansion of Offices Using WIPO's Digital Access Service
As noted in the May 2016 Bulletin IPONZ joined the WIPO administered Digital Access Service (DAS) in that month both as a depositing office and as a retrieving office in relation to patent applications. IP Australia has been a member office in the same capacity since December 2009.
IP Australia Response to Submissions on Part 2 Exposure Draft Released
IP Australia has now released its response to submissions received in respect of the exposure draft of the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) Bill 2018.
EPO Guidelines for Examination Updated
In the recently released updated version of the EPO’s Guidelines for Examination the practice and guidance on when replacement or removal of features from a claim results in unallowable added subject matter has been updated.
United States of America
PTAB Changes its Claim Construction Standard
Effective from 13th November 2018 the Patent Trial and Appeal Board (PTAB) will apply the Phillips standard of claim construction in new cases it hears from that date, but will continue to apply the Broadest Reasonable Interpretation (BRI) standard for cases heard prior to that date.
Amending Application’s Priority Claim Affects Subsequent Continuing Applications
In Natural Alternatives International Inc v Iancu the Court of Appeal for the Federal Circuit (CAFC) upheld a lack of priority finding in respect of later continuing applications after Natural Alternatives subsequently deleted a priority claim in an earlier application in the chain of continuing applications.