Section
IP Analysts
The Impact of Economic Policies on IP Infrastructure
19 August 2016On June 23, 2016, the British government voted to leave the European Union (EU). Separately, on February 4, 2016, Malaysia signed the Trans-Pacific Partnership Agreement (TPPA) together with 11 other countries in Auckland. On a regional level, ASEAN...
Beware the Product-by-Process Claim
19 May 2016Product-by-Process (hereinafter PBP) claims define a product by its method of production. Ex Parte Painter, 57 O.G. 999 (Comm’r Pat. 1891). At its inception, PBP claims were only permitted where the claimed product “resist[ed] definition by other tha...
Philippine Supreme Court Axes Field Testing of GMO Eggplant
12 May 2016The Supreme Court of the Philippines ruled against conducting field trials of genetically modified eggplant or BT Talong (talong is the Tagalog word for eggplant) as a precautionary measure to protect human health and environment and promote people’s...
Drafting the Best Functional Technical Features in China
12 May 2016When drafting claims of a patent application for an invention, functional technical features are often inevitable or irreplaceable, especially when the invention is partly or completely implemented by computer programs. How to best protect an inventi...
The Duty of Candor and Good Faith Dealing Not Limited to Disclosing Prior Art
12 May 2016Anyone sufficiently involved with the prosecution of a patent application has a “duty of candor and good faith dealing with the [USPTO], which includes a duty to disclose to the Office all information known to that individual to be material to patent...
Correcting Inaccurate Chemical Formulas in Issued Patents Based upon Later Discoveries
13 April 2016Nobel laureate Frank Wilczek said, “If you don’t make mistakes, you’re not working on hard enough problems. And that’s a big mistake.” Because inventions often address difficult problems on the forefront of technology, some mistakes are inevitable. F...
The Importance of Filing a Patent Owner’s Preliminary Response in an Inter Partes Review
07 March 2016It can be a jarring experience for any US patent owner. One day, out of the clear blue sky, a Petition for Inter Partes Review (IPR) arrives on your desk alleging that at least one of your patent claims is invalid as being anticipated or obvious over...