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Building High-Quality Patent Portfolios in the United States and Europe: Part...

In Part I of this series we discussed how patent portfolio managers should be careful when generating company-owned prior art or reviewing competitor prior art, and how a patent litigation or licensing...

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Hindsight Bias: An Ovine Survey

The arrival of a U.S. Patent and Trademark Office (USPTO) office action citing no less than six earlier patents directed to various sub-combinations in the features of the main independent claim in an...

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Could Description Amendments Made During Prosecution at the European Patent...

Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. These Guidelines instruct European...

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Exploring the 2022 EPO Guidelines for Examination

The European Patent Office (EPO) recently published its Guidelines for Examination 2022, which come into force on March 1. Compared to previous years, the volume of changes is much smaller, and this...

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IP in the Crosshairs: Government Agencies Terminate Relationships with...

The United States Patent and Trademark Office (USPTO) announced last week that it will terminate engagement with the Russian IP Office (Rospatent) as well as the Eurasian Patent Organization (EAPO) and...

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European Patent Filings Reached Record Number in 2021; Huawei Largest Applicant

There were 188,600 European patent applications filed last year, an annual increase of 4.5%, according to figures published by the European Patent Office (EPO) on April 5. Despite the impact of the...

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China Gains on Top Filers at European Patent Office

U.S. companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. The index...

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How the UPC and European Patents with Unitary Effect Reach Beyond Europe to...

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly,...

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New EPO Unitary Patent Dashboard Shows 5,000+ Requests Since Launch

The European Patent Office (EPO) today launched a dashboard on Unitary Patents, which will be updated daily and breaks down data on requests for Unitary Patents by technology field, country of origin,...

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Is the United States’ Nonobviousness Test ‘Plausibly’ Similar to the EPO/UK...

Recent cases in the European Patent Office (EPO), the UK, and United States illustrate substantive differences between these jurisdictions as they continue to develop their inventive...

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EPO Enlarged Board of Appeal Introduces Strong Presumption of Priority...

The Enlarged Board of Appeal of the European Patent Office (EPO) on October 10 issued its (consolidated) decision G1/22 & G2/22, which promises to significantly reduce priority issues for...

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From AI Inventors to Design Reform and FRAND: What Mattered in EU IP for 2023

The most significant development in IP in Europe in 2023—indeed arguably the most significant in nearly 30 years—was the launch of the Unitary Patent and Unified Patent Court on June 1. The full...

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EPO Introduces Additional Fee Reductions for Small Applicants

On April 1, 2024, a new fee system will enter into force at the European Patent Office (EPO). Apart from moderate fee increases (more than 7% below the real inflation rate) and the abolishment of...

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U.S., EPO and Chinese Software-Related Patent Grants Remained Steady in 2023

As an update to my previous posts from 2017, 2019, 2020, March 2021, August 2021, 2022, and 2023, it has now been almost a decade since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision....

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Harnessing Differences Between U.S. and European Patent Education Systems for...

Participants in the U.S. and European patent systems face a rapidly changing landscape as the European patent with unitary effect and Unified Patent Court (UPC) are off to a successful start. The UPC...

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