USPTO Clarifies Boundaries of IPR Petitions in Response to Federal Circuit's Shockwave Decision
The United States Court of Appeals for the Federal Circuit clarified in Shockwave Medical, Inc. v. Cardiovascular Sys., Inc. how Applicant Admitted Prior Art (AAPA) fits into inter partes review (IPR) practice. In response, the United States Patent and Trademark Office issued a memorandum that narrows the use of AAPA in IPR petitions. The USPTO explained that while AAPA can still be used in a limited way for background information and to show motivation to combine references, it can no longer be used to supply a claim limitation missing from the prior art patents and printed publications raised by the petitioner.
Federal Circuit Limits Overlapping-Range Presumption in Multi-Dose Regimen Claims
While there is a presumption of obviousness that typically applies when claimed and prior-art ranges overlap, the U.S. Court of Appeals for the Federal Circuit recently held that the presumption did not apply to claims covering an integrated multi-dose regimen with a specific dose sequence. In particular, the court found that the presumption was inapplicable because the prior art did not teach the claimed combination of doses in sequence.
Two OBWB Partners Slated as Keynote Speakers for TM Festival
We are pleased to announce that Han-Mei Tso and Motasem Abu Ghazaleh will participate as keynote speakers at the 15th China International Trademark & Brand Festival. They will join the panel discussion on "Remedies and Precedents for Malicious Overseas Trademark Squatting for Chinese Enterprises" taking place on 7 September from 13:30 – 17:30.
Qatar Launches IP Management Clinics
This September, Qatar is set to launch Intellectual Property Management Clinics (IPMC) to support innovators. The initiative is a result of a partnership between the Qatari Ministry of Commerce and Industry and the World Intellectual Property Organization (WIPO) and is designed to strengthen small and medium-sized enterprises as well as the IP ecosystem in the country, by advancing strategic intellectual property management and promoting innovation.
SAIP Reports Continued IP Growth
On 27 August 2025, the Saudi Authority for Intellectual Property (SAIP) announced continued growth in the country's intellectual property ecosystem during the first half of the year. Patent applications rose by 23% with 27,938 filings, while trademark registrations increased by 15%, reaching 18,784 marks.
Three OBWB Partners Ranked 2026 Best Lawyers
The 32nd edition of The Best Lawyers in America® has been publicly released today. Osha Bergman Watanabe & Burton LLP is proud to have three attorneys listed in this definitive guide to premier legal talent. Congratulations to Jonathan Osha, Jeffrey Bergman, and Carlyn Burton.
Inventors' Intended Claim Scope is Irrelevant in Determination of Broadening in Reissue Applications
The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision of the Patent Trial and Appeal Board sustaining the examiner's rejection of a claim of a reissue application under 35 U.S.C. § 251 because the reissue claim broadened the scope of the original patent. The court held that when considering whether a claim presented in a reissue application broadens the scope of the original patent under 35 U.S.C. § 251(d), one must look to the "actual scope of the claim-at-issue, not the subjective intended scope of the inventors."
Understanding Fair Use in the Age of Generative AI: The U.S. Copyright Office's Perspective
The rise of generative artificial intelligence (AI) has sparked a pivotal legal debate that now stands on the edge of a major turning point. At the heart of the issue is a fundamental question: can the use of copyrighted works to train generative AI models be considered fair use, or does it constitute infringement? For years, developers have trained these models on vast datasets that include copyrighted materials, largely under the assumption that such use falls within fair use doctrine. Moreover, many have argued that impeding free access to these materials would be catastrophic to technological progress and place the U.S. at a disadvantage on the global stage. Copyright holders and creators, on the other hand, have voiced their concern that their own works are being used without their permission to produce content with which they must compete, placing their livelihoods at risk.
USPTO Moves PTAB Hearings to In-Person Format Starting September 1, 2025
The U.S. Patent and Trademark Office (USPTO) has announced that, effective September 1, 2025, all Patent Trial and Appeal Board (PTAB) hearings will be held in person, with remote appearances permitted only for good cause.
Singapore Announces Upcoming Official Fee Revisions
The Intellectual Property Office of Singapore (IPOS) has announced revisions to its official fee schedule, particularly affecting excess claim fees for patent applications. The revised fee schedule applies only to applications filed on or after September 1, 2025.
