Everything Is Obvious 25/03/2019 by Intellectual Property Watch 3 Comments Ryan Abbott writes: For more than sixty years, “obviousness” has set the bar for patentability. Under this standard, if a hypothetical “person having ordinary skill in the art” would find an invention obvious in light of existing relevant information, then the invention cannot be patented. This skilled person is defined as a non-innovative worker with a limited knowledge-base. The more creative and informed the skilled person, the more likely an invention will be considered obvious. The standard has evolved since its introduction, and it is now on the verge of an evolutionary leap: Inventive machines are increasingly being used in research, and once the use of such machines becomes standard, the person skilled in the art should be a person using an inventive machine, or just an inventive machine. Unlike the skilled person, the inventive machine is capable of innovation and considering the entire universe of prior art. As inventive machines continue to improve, this will increasingly raise the bar to patentability, eventually rendering innovative activities obvious. The end of obviousness means the end of patents, at least as they are now.
Interview With Charles Gore, Medicines Patent Pool Executive Director 22/03/2019 by Intellectual Property Watch 1 Comment Charles Gore took over the role of Executive Director at the Medicines Patent Pool in July 2018, just after its board decided to greatly expand its mandate into essential medicines. Nine months into his term, IP-Watch’s William New talked with him about his role and how the expansion is going.
EU Agrees To Accede To Controversial WIPO Agreement Raising GI Protection 20/03/2019 by William New, Intellectual Property Watch 1 Comment European Union member states today agreed to accede to an agreement negotiated under the World Intellectual Property Organization that raises protections for geographical indications, products whose names derive from a particular regions with certain characteristics. Joining the so-called Geneva Act establishes a GI register for agricultural and non-agricultural products and appears to have the effect of requiring EU members to protect registered GIs of other members.
Inventors, Licensing Groups Back US Withdrawal From Standards-Essential Patent Pact 20/03/2019 by William New, Intellectual Property Watch Leave a Comment A coalition of inventors, patent licensing, business and political groups has issued a letter of support for an effort by Trump administration agencies to withdraw from an Obama-era arrangement with the US Patent and Trademark Office on standards-essential patents that the groups say is harming innovation.
Saudis Seek Alternative Energy Partners Through WIPO Green Program 20/03/2019 by Intellectual Property Watch Leave a Comment The government of oil-dependent Saudi Arabia has posted a series of requests for proposals for renewable energy technology partnerships via the World Intellectual Property Organization “Green” initiative that provides a marketplace for IP-protected products related to the environment.
WIPO Election: Who Will Run To Be The Next Director General? 18/03/2019 by William New, Intellectual Property Watch Leave a Comment The decision is a year away, but there has been buzz for months around who might run in the election to be the next director general of the World Intellectual Property Organization. Intellectual Property Watch shares with you some of the names we’ve heard in the early going, completely unofficially and in no way intended to be exhaustive.
EPO Patent Filings Still Climbing: US Top Source Overall, Swiss Top Per Capita; China Growth Slows 12/03/2019 by William New, Intellectual Property Watch Leave a Comment The European Patent Office continued its seemingly inexorable rise in patent applications, with almost all of its top 20 source countries showing growth in 2018. Nearly half of applications came from Europe, while the United States filed a record number and accounted for one-quarter of all applications, with a 2.7 percent increase over the previous year. Other countries saw significantly higher increases, though China’s rate of increase slowed, and Switzerland far and away filed the most patent applications per capita. Another notable statistic: the number of European patents granted rose 21 percent.
Summaries Of The Recent US Supreme Court Copyright Decisions: Finnegan LLP 07/03/2019 by William New, Intellectual Property Watch 1 Comment The United States Supreme Court took two important actions on copyright-related matters this week. US law firm Finnegan LLP has summarised the decisions in two separate articles.
USTR Reports On 2018, Lays Out IP Priorities For 2019; China A Main Target 04/03/2019 by William New, Intellectual Property Watch Leave a Comment The Office of the United States Trade Representative has issued its annual report on trade relations with other nations, essentially a report on progress and problems from last year and an agenda for what’s coming this year. Multilateral approaches came in for touch criticism, and on intellectual property rights, a vigorous, repeated focus is China.
Rise Of The Machines: Experts Look At AI, Robotics And The Law 27/02/2019 by William New, Intellectual Property Watch 2 Comments NEW YORK — Artificial intelligence, robots, and the law, are all changing a rapid pace. A panel of experts at a recent event at Fordham Law School discussed latest developments and signs of the limits of the law when applied to AI areas like facial recognition, automated weapons systems, and financial technology.