Newsletter September 2020

Congress

This new video by Isabelle Chabot is a great introduction to the work conducted by AIPPI

Articles & Case Notes:

 

Australia Upholds its Tobacco Plain Packaging Measures

By Víctor Garrido of Dumont, Bergman, Bider & Co., S.C.

Mexico City, Mexico.

In landmark domestic and international dispute procedures, the exertion of some intellectual property rights is restricted by tobacco product plain packaging measures in Australia.

Introduction of Major Aspects of a New Revision of Draft Fourth Amendment to the Chinese Patent Law

By Weining Wang and Xiaolin Dang of Beijing Sanyou Intellectual Property Agency Ltd

Beijing, China.

The new revision of the draft was released to the public on June 28, 2020, after second deliberation by the Standing Committee of the National People’s Congress (NPC). Procedurally, the draft patent law would be normally passed upon the third deliberation by the NPC Standing Committee.

Intellectual Property High Court Decides on the Patentability of CRISPR-Cas9 Related Patents

By Yuichiro Suzuki of Kubota

Tokyo, Japan

The BROAD INSTITUTE, INC., et al v. The Japan Patent Office 2019 (Gyo-Ke) No. 10010 and 2019 (Gyo-Ke) No. 10011 (in Japan)

In regard to two decisions by the JPO Trial Board refusing to grant patents related to CRISPR-Cas9 by the Broad Institute, part of the Massachusetts Institute of Technology and the Harvard University, the IP High Court on February 25, 2020 rescinded one of the decisions and upheld the decision of the other case.

Are Eleven Inventors Enough or Too Much?

By Joshua B. Goldberg of Nath, Goldberg & Meyer

Alexandria, Virginia, U.S.A.

The patent at issue here named 11 inventors on its face. After patent litigation had started, the patent holder Egenera realized all claim limitations had been conceived before one of the listed inventors started working there. The USPTO granted a petition to remove this inventor. However, during litigation, an attempt was made to re-add this inventor. In overturning the District Court, the CAFC agreed this re-addition was permissible and not blocked by estoppel.

New Rules of Examination and Settlement of Administrative Disputes

By Vladimir Biriulin

President of AIPPI Russia.

The Russian patent office introduces new Rules to streamline examination of the appeals and make them more friendly to the conflicting parties. New Rules of examination and settlement of administrative disputes by the patent office came into force on September 6, 2020…

AIPPI Country News:

Trademark Salon held in Beijing Focusing on Hot Topics in Trademark Prosecution

By Lei Zhang. China Patent Agent (H.K.) Ltd.

The AIPPI Chinese Group held a Trademark Salon in Beijing on August 28, 2020, the first of a series of events to be held by the Trademark Committee of AIPPI China focusing on hot and controversial issues in trademark prosecutions.

Trademark Salon