HOUSTON, December 19, 2018 - As we look ahead to 2019, Baker Botts Intellectual Property and Trial partners have identified a number of trends to watch in the Intellectual Property arena in the year ahead.
"Big data is being used in various industries to improve efficiency and effectiveness in making decisions, including patent prosecution, a trend we expect to grow through 2019 and beyond.
Using data analytics, patent prosecution practitioners can develop more informed strategies to effectively advance prosecution based on examiner and patent office data.
These techniques also allow a practitioner to better manage and set client expectations for prosecution."
“2019 will bring many changes to PTAB trial proceedings, including the first institution decisions under the new claim construction rules that took effect for petitions filed after November 12, 2018, as well as an expected revision to the rules for claim amendments during PTAB trials that will offer patent owners two chances to amend their challenged claims during the proceeding.
A close eye should be kept on how the PTAB decides the first wave of cases filed under the new claim construction standard to see how that rule change impacts trial institution rates, which hovered around 60% during 2018. It is also worth watching whether claim amendments, which have been rare and largely unsuccessful in PTAB proceedings to-date, are pursued more regularly under the anticipated new rules.”
Jennifer Tempesta, a New York based Intellectual Property Partner
“One area where we expect to see interesting developments is at the ITC in relation to cases that touch on the Internet of Things (“IoT”).
This is an area we have done a good deal of work in, as a firm. Given increasing reliance on devices involving the IoT, both as individuals and for businesses, we believe the number of cases relating to the IoT at the ITC will increase in 2019. With that will come a further interpretation of the laws that relate to the use and evolution of the IoT.”
“We are seeing a fascinating convergence between the technology companies of Silicon Valley and the Texas based energy industry.
While energy producers are looking to gain production and transportation efficiencies, technology companies are looking at new markets for their innovations. Consider the opportunity presented by technological innovations like AI or batteries. It is a unique marriage of energy and technology that is in fact transforming both industries. This phenomenon will only continue to accelerate in 2019.”
Rob Maier, a New York based Intellectual Property Partner
“As we look at 2019, many in the patent community will be watching the case involving Helsinn Healthcare and Teva Pharmaceuticals USA Inc., which is now before the U.S. Supreme Court, with great interest. It is significant because it will determine whether secret or non-public disclosures can constitute patent-defeating prior art under the America Invents Act.”
To schedule an interview with our partners, Christa Sanford, Eliot Williams, Jennifer Tempesta, Danny David, or Rob Maier, please contact Stephen Hastings.
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