This week the Federal Circuit rejected a constitutional challenge to the Secretary of Commerce’s appointment of administrative judges to the Trademark Trial and Appeal Board (“TTAB”) at the U.S. Patent and Trademark Office (“USPTO”). The decision comes on the heels
Patents
Consultation Open for Australia’s Medical and Biotechnology Patent Box
On 5 July 2021, the Government released its Discussion Paper setting out the Government’s proposal and seeking views from key stakeholders. The paper will be open for submissions until 16 August 2021. Now is the opportunity for stakeholders to put…
Combating the unsustainable rise of patent application numbers in the PRC
In the last decade there has been an exponential increase in the amount of patent filing originating from China, which, according to a recently published USPTO report, can be attributed to certain non-market factors including subsidies and targets set…
2020 Year in Review – PRC Patent Laws and Practices
2020 was a year of change and challenge. This holds true not only for the way we live and work, but also in relation to the patent laws and practices in the People’s Republic of China (“PRC”). In the last…
China’s 2020 Patent Law Reform and Patent Linkage System
Patent Law Reform
We discussed the second draft of proposed amendments to the People’s Republic of China (“PRC”) Patent Law in our previous blog post here. Since then, on 17 October 2020 the PRC National People’s Congress…
China Releases Draft Patent Law Amendment
On 3rd July 2020, the National People’s Congress (NPC) of the People’s Republic of China released a second draft of proposed amendments to the PRC Patent Law for public consultation. In response to opinions from various government authorities and…
German patent interim injunctions require the patent to have survived validity proceedings
In its decision dated 12 December 2019, the Higher Regional Court Munich ruled that in principle, an interim injunction for patent infringement should not be ordered unless it can be satisfied that the validity of the patent-in-suit is ensured, for…
Insights from the Australian Intellectual Property Report 2020
Intellectual Property (IP) Australia published their 2020 edition of the Australian IP Report (the IP Report) on 24 April 2020. The IP Report, which can be accessed here, provides a current overview of the IP sector…
Be careful how you ask – Canadian court considers demand letters
In the recent decision, Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81, the Canadian Federal Court granted an interlocutory injunction prohibiting a plaintiff patent holder in a patent infringement action from sending cease and desist letters…
Court Suspensions Continue, with Some Exceptions
Please see our updated version of this article, published July 10, 2020.
An Update on the Response from Canadian Courts to COVID-19
We are now more than a month in to social distancing measures, and it is time for an…