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On March 7, the U.S. Court of Appeals for the Federal Circuit (CAFC) overturned a Patent Trial and Appeal Board (PTAB) decision concerning a patent held by CoolIT Systems, Inc. The patent in question, U.S. Patent 9,057,567, pertains to fluid heat transfer systems used in cooling electronic devices. CoolIT contested the PTAB's interpretation of the term "matingly engaged" in the patent claims, arguing that it should be defined more narrowly as "mechanically joined or fitted together to interlock."
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The European Union Intellectual Property Office (EUIPO) has recently revised its Rules of Procedure for its Boards of Appeal (BoA RoP), which take effect on March 1, 2024.
The amendments primarily involve aligning terminology with current regulations and providing clearer delineation of responsibilities among various entities within the Boards of Appeal. Significant changes encompass the calculation and extension of time limits, suspension procedures, and alternative dispute resolution mechanisms.
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The EPO's Rules of Procedure of the Boards of Appeal (RPBA) establish strict criteria for late amendments during oral proceedings. Article 13(2) RPBA states that such changes are generally not accepted unless justified by "exceptional circumstances".
In a key case, the Board ruled that a mere change in claim interpretation leading to a new objection did not meet the threshold for exceptional circumstances unless directly relevant to the final decision.
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Starting from April 1, 2024, there will be changes to the fees for European patent applications.
These changes will introduce a new scheme specifically designed to reduce fees for micro-entities.
The aim of this new scheme is to assist smaller and less experienced European entities in accessing the European patent system more easily, thereby supporting their growth and development.
These fee reductions complement the existing support measures available to small and medium-sized entities (SMEs), particularly in terms of language-related fee reductions.
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The recent updates to the European Patent Office (EPO) Guidelines for Examination, set to take effect on March 1, 2024, bring forth several noteworthy changes, reshaping patent strategies.
One of the key updates concerns entitlement to priority. Following recent decisions from the Enlarged Board of Appeal (EBA), there is now a stronger presumption that applicants claiming priority are entitled to it, shifting the burden of proof to challengers.
