USA: Indefiniteness Standard Less Strict Where Claim Term Does Not Concern Point Of Novelty

Addressing indefiniteness under Nautilus, the US Court of Appeals for the Federal Circuit reversed a district court’s finding that the claim term “effective for catalyzing” was indefinite even though the claim did not specify a way of measuring or a standard for determining “effectiveness.” BASF Corporation v. Johnson Matthey Inc., Case No. 16-1770 (Fed. Cir., Nov. 20, 2017) (Taranto, J).

BASF sued Johnson Matthey for infringement of a patent directed to systems for performing catalytic conversion of […]

By | April 1st, 2017 ||

Trade Dress And Chinese Name, Keys To Foreign Brand’s Success In China

A common question in Chinese intellectual property (IP) law posed by many foreign businesses and counsels when they first begin operation in the PRC is the extent to which Chinese characters and colors are protected under Chinese IP law. English is almost universally accepted as the language of international business, but domestic Chinese consumers will typically look for Chinese characters and colors before looking at the English version of a brand name. Therefore, a […]

By | March 18th, 2017 ||

USA: New Year’s Resolutions For The U.S. Patent System

It’s that time of year when we make resolutions to improve our health, our relationships, our careers, or other areas of our lives. I’m not starting a new diet today (although if I were, the invention described in this patent application could be helpful), but I have been thinking about New Year’s resolutions for the U.S. patent system.
Make Diagnostic Methods Patentable Again
It’s been nearly six years since the Supreme Court called the patent eligibility of diagnostic […]

By | March 8th, 2017 ||