Patents

The USPTO has released a report titled "Progress and potential: a profile of women inventors on US patents" on the trends of women inventors named on US patents over the last 40 years. Prepared by the Office of the Chief Economist, the report shows a modest increase in the number of ... Read More

The first E-commerce Law in China came into force on 1 January 2019. Since its promulgation, many people have voiced concerns, in particular over the requirement for online businesses to register with the Administration for Industry and Commerce. ... Read More

The Taiwan Food and Drug Administration has issued the second version of the Enforcement Rules for Patent Linkage. The inclusion of biosimilar drugs in the patent linkage system has sparked controversy and extensive discussions in the industry. ... Read More

The National Institute of Industrial Property has launched a long-awaited public consultation on a proposal for new examination guidelines for patent applications in the biotechnology sector, which aims to promote innovation. ... Read More

Charles Clark, who has been with the energy multinational since 2016, talks strategy for a new industrial era in an exclusive interview with IAM in advance of the event, taking place at the end of March ... Read More

Oswin Ridderbusch and Alexa von UexküllThe introduction of an SPC manufacturing waiver in the European Union is now all but a done deal. Following the European Commission’s initial proposal for a regulation amending Regulation (EC) 469/2009 on SPCs for medicinal products (COM(2018) 317 final) issued on 28 May 2018, the ... Read More

There was a time when the high-end smartphone market was considered a "two-horse race" between Apple and Samsung. A duopoly is better than a monopoly, but I'm glad there's now a lot more competition in that segment. One company that has made and continues to make a particularly important competitive ... Read More

Thorsten Bausch and Bernd KrögerIf a patent only provides the skilled person with a general scientific explanation as to why the procedure disclosed therein is suitable for the purpose in question and does not disclose a new technical teaching in relation to this purpose, but merely a discovery of biological ... Read More

By Josh Rich -- Earlier today, the Supreme Court heard oral argument in Return Mail, Inc. v. U.S. Postal Service, which presented the simple question whether the federal government is a "person" entitled to petition for post-grant review under the Leahy-Smith America Invents Act ("AIA"). While the issue may rarely ... Read More

by Dennis Crouch [Oral Arguments Transcript] Today, the Supreme Court heard oral arguments in the business method review case of Return Mail Inc. v. U.S. Postal Service.  The basic question in the case is whether the United States government (here the USPS) counts as “a person who is not the owner ... Read More

The most problematic part of the proposed EU Directive on Copyright in the Single Market may be deleted tomorrow!According to a tweet by Tiemo Woelken ("Wölken" in German), an MEP from the center-left Social Democratic Party of Germany (Merkel's coalition partner), Germany's minister of justice Katarina Barley (from the same ... Read More

In general, every application for patent is published after expiry of 18 months from the date of its filing or priority date whichever is earlier. However following applications are not published: 1. Application in which secrecy direction is imposed; 2. An application which has been abandoned under section 9(1) i.e. ... Read More

Qualcomm's enforcement of a likely invalid and most likely not infringed patent against Apple in Germany is a Pyrrhic victory that generates limited incremental chip sales but exacerbates its antitrust problems (instead of forcing Apple into a global settlement). But in another case, two German patent injunctions have brought about ... Read More

by Dennis Crouch Artist Christopher Boffoli is known for his detailed photographs contrasting small people with large food. In 2015, Atemis LLC allegedly posted a couple of images of Boffoli works on Facebook and mis-attributed the works to other artists in the same small-people-large-food genre.  Atemis has a food-ordering app called ... Read More

In a significant development for Indian patent law, the Madras High Court dismissed a writ petition challenging an IPAB order that effectively upheld a probiotic patent. This is one of the rare Indian cases, where a patent has been upheld by the IPAB and that order has effectively been validated ... Read More

Supported by a healthy balance sheet, Marc Booth says the firm plans on a higher volume of smaller deals with three new areas identified for future growth ... Read More

CJEU – Staat der Nederlanden v. Warner-Lambert Company LLC, Judgment of the Court, 14 February 2019, Case No. C‑423/17 [I]n a marketing authorisation procedure […], communication to the competent national authority by the applicant or holder of a marketing authorisation for a generic medicinal product of the package leaflet or ... Read More

Accord vs. NPS; cinacalcet, District Court of The Hague 6 February 2019, Case No. ECLI:NL:RBDHA:2019:934  Introduction Shire-NPS Pharmaceuticals Inc. (“NPS”) was the patentee of EP 1 203 761 B1 (“EP 761”) titled “Calcium receptor-active compounds” that was granted on 19 January 2005. The subject matter of EP 761 is, inter ... Read More

Hui Zhang, Yi Wei and Jiao YuxinThe Supreme People’s Court of China recently issued a new judicial interpretation regarding preliminary injunctions (PI) for intellectual property (IP) disputes that took effect on January 1, 2019, officially titled “Provisions of The Supreme People’s Court on Several Issues Concerning the Application of Laws ... Read More

Securing a FRAND licence with the world’s fifth largest handset maker could be a shot in the arm for the Swedish company, which has struggled to get royalties out of Chinese firms like Xiaomi and TCL ... Read More

If I'm not mistaken, this is the first time--in almost ten years and after more than 2,000 posts--that a tweet gives rise to a FOSS Patents article. This is the one, and I'll comment below:It is also noteworthy that the EU Commission uses a 100% US platform to call the ... Read More

In Momenta Pharmaceuticals, Inc. v. Bristol-Meyers Squibb Co., the Federal Circuit issued another decision analyzing the contours of a petitioner’s Article III standing to appeal PTAB decisions upholding a patent. In contrast to Amerigen, where the court found standing for a would-be generic competitor whose ANDA was subject to ... Read More

Obviousness is the central patentability doctrine.  Obvious innovations are not patentable. Instead, to be patentable, and invention must embody a substantial step beyond what was known in the prior art.  Unlike its more rigid brother-doctrine of anticipation, obviousness is flexible to its core.  This flexibility leaves the doctrine both powerful ... Read More

Politico.eu published the outcome of backroom negotiations (called "trilogue" because three institutions participated) on the EU Copyright Directive. Adoption of that text would be tantamount to the unconditional surrender of critics of the most ill-conceived parts of the proposal.But the problem is that losers can't be choosers. They can try, ... Read More

Congressional action is the only way to solve the uncertainty on section 101 of the US patent statute, argues Aaric Eisenstein of Personalised Media Communications ... Read More

An AI health-tech startup recently named one of the world's most promising had its roots in the re-organisation of Xerox's research centre in India ... Read More

By Donald Zuhn -- Last month, in Federal Register notices published on the same day (84 Fed. Reg. 411), the U.S. Patent and Trademark Office announced that it was extending the Cancer Immunotherapy Pilot Program, but that it had decided to discontinue the Extended Missing Parts Pilot Program. According to ... Read More

February 19, 2019 - Post-argument discussion on the Return Mail Inc. v. United States Postal Service case (American University Washington College of Law Program on Information Justice & Intellectual Property) - 4:00 to 6:00 pm (Eastern), American University Washington College of Law, Washington, DC February 20, 2019 - "New Developments ... Read More

Recent Headlines in the IP World: Drue De Angelis: SpinalCyte Announces New Canadian Patent (Source: Ortho Spine News) Adam Behsudi: Envoy: China Opening its Doors to U.S. in Trade Talks (Source: Politico) Nancy Cohen: Apple Patent Talk: Another Keyless Wonder as the Car Sees You Approach (Source: Tech Xplore) Christian de Looper: Apple Patent ... Read More

Your essential Sunday reading: a summary of all the stories posted on the IAM platform in the past week - as well as links to each one ... Read More