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The US Patent and Trademark Office (USPTO) has updated its guidelines for patent examiners and applicants regarding obviousness under 35 USC § 103. Effective February 27, 2024, the new Guidelines stress the need for flexibility and reasoned explanations when assessing the obviousness of claimed inventions.
The updated Guidelines move away from a sole focus on identifying the best prior art during examination and instead emphasize the effective gathering and presentation of evidence to establish obviousness. The new Guidelines incorporates references to key patent cases and review Federal Circuit cases related to combining elements from different references and defining analogous art.
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In a significant shift, the latest data reveals that Chinese inventors have filed more international patent applications under PCT than their U.S. counterparts for the first time ever.
Patent filings are indicative of a nation's scientific and technological capabilities, with profound implications for economic and national security. According to a report from the National Science Foundation's National Center for Science and Engineering Statistics (NCSES), Chinese inventors submitted approximately 68,600 patents through the Patent Cooperation Treaty in 2022. This surpasses the roughly 58,200 applications from the U.S. during the same period.
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The European Patent Office (EPO) experienced a surge in patent applications last year, reaching an all-time high of 199,275 filings, 2.9% more than a year ago. The top five countries of origin for patent applications were the United States, Germany, Japan, China, and the Republic of Korea, reflecting a robust global interest in innovation, particularly in digital communication, medical technology, and computer technology.
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The European Parliament has recently passed the groundbreaking Artificial Intelligence Act on March 13, 2024.
This Act is designed to safeguard fundamental rights, democracy, the rule of law, and environmental sustainability in the face of high-risk AI technology. At the same time, it aims to foster innovation and position Europe as a global leader in the field of artificial intelligence. The regulations set forth specific obligations for AI systems based on their potential risks and impact levels.
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The U.S. Patent and Trademark Office (USPTO) have rolled out a new system for filing patent applications using the DOCX format, marking a significant shift in its procedures. This move, which began on January 17, 2024, follows a Proposed Rule issued by the USPTO in July 2019, aiming to streamline the submission process and improve data quality.
The transition to DOCX aims to enhance data quality and reduce errors in applications and patents, ultimately saving time and resources. The USPTO encourages applicants to use DOCX via Patent Center, offering guidelines and surcharge details. As of January 17, 2024, non-DOCX filings incur surcharges ranging from $80 to $400 for different entity sizes.
