As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating the waters of U.S. patent prosecution, analyzing Federal Circuit appeals from the International Trade Commission, and handling Japanese patent oppositions.
Here are 2015’s top 5 most popular blog posts at Global IP Matters:
- RCEs and the New USPTO Patent Term Adjustment Rules – This post discusses U.S. Patent and Trademark Office (USPTO) rules for Patent Term Adjustment for patents where a request for continued examination (RCE) was filed during prosecution. In general, the first new rule, effective January 9, 2015, provides that applicants are entitled to B-Delay between allowance and issuance, and the second new rule, effective March 10, 2015, creates a new type of applicant delay when an RCE is filed after allowance.
- Suprema v. ITC: En Banc Federal Circuit Overturns Panel Decision, Finds ITC Has Jurisdiction Over Induced Infringement of Method Claims – This decision is particularly important for cases involving the software and high tech industries, which often rely heavily on induced infringement allegations. This blog post provides a detailed breakdown of the Federal Circuit’s opinion.
- Prepare for the Japanese Patent Opposition System Coming Soon – In advance of Japanese Patent Act revisions effective May 14, 2015, this post provided an overview of the changes and indicated how parties may wish to begin preparing and considering being more aggressive in monitoring competitors’ Japanese patent applications and allocating resources to file oppositions in Japan.
- Understanding Post-AIA Power of Attorney Procedures – Although the America Invents Act (AIA) implemented changes affecting Powers of Attorney in U.S. patent applications on September 16, 2012, pre-AIA Powers of Attorney are still relevant for many pending applications filed before that date. This post discusses in simple terms how Power of Attorney can be properly established before the USPTO in pre-AIA and post-AIA cases.
- ClearCorrect v. ITC: Federal Circuit Hears Argument in Case Which Will Decide Whether ITC Has Jurisdiction Over Digital Imports – ClearCorrect v. International Trade Commission decided whether the ITC has power to exclude intangible items imported digitally rather than physically. This post summarizes the case’s intense oral arguments. (Global IP Matters later covered the case’s decision that overturned the ITC’s opinion.)