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).
New Entrant Evades Opposition by Turning Up the Heat
The recent Assistant Commissioner’s decision Waiwera LLC v Savernake Holdings Ltd [2020] NZIPOTM 16 involved actions against some of each side’s applications or registrations, with Savernake being successful in both respects despite being yet to trade.
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.