Looking Behind The Different Invalidation Rates Of Oppositions And IPRs

Janice Vatland

Opposition proceedings in Europe have long served as a powerful tool for third parties to challenge the validity of a patent before the European Patent Office (EPO). Now, under the America Invents Act (effective September 2012), the United States (US) has two new procedures for challenging the validity of a patent before the US Patent and Trademark Office (USPTO): inter partes review (IPR) and post-grant review. Current statistics indicate a higher invalidation rate for IPRs as compared to EPO oppositions.

The Copyright Manifesto: How The EU Should Support Innovation And Creativity Through Copyright Reform

The author outside the European Commission

Teresa Hackett writes: “Copyright divide in numbers”, the graph on the first page of the newly launched ‘The Copyright Manifesto. How the European Union should Support Innovation and Creativity through Copyright Reform’ tells a story. In an illustration of the results of the European Union’s (EU) 2014 consultation on copyright, publishers, authors and collective management organizations express strong support for the current system, while end users and institutional users (such as libraries) are strongly in favour of copyright reform. So if copyright is supposed to benefit everyone, the copyright system sure isn’t working for everyone.

CARICOM, Trans-Pacific Partnership, And IP Law & Policy: What Next?

CARICOM logo

The year 2015 has dawned as usual with the fanfare of greater things to come. Caribbean projects are in the pipeline, along with activities to enhance competitiveness and many gallant efforts by well- meaning non-governmental and International organizations. The research has shown, however, that without the impetus of effort that originates from amongst the local innovators, there is no real change and no great advancement.

Recent Cases Warn Of Dangers Of Trying For Second Bite At The IPR Apple

apple second bite

The American Invents Act of 2011 (AIA) created inter partes review (IPR), a new opposition-like proceeding conducted at the US Patent Trial and Appeal Board (PTAB) in the US Patent and Trademark Office to challenge the validity of patent claims based on prior art patents and printed publications. Since then, conventional wisdom has advised filing a petition for IPR quickly after being sued for patent infringement, because any deficiencies or mistakes the PTAB identifies could be corrected with a second petition later on. Several recent decisions from the PTAB reveal limits to that strategy.

Limitations And Exceptions For Libraries, Archives And Education At WIPO: What To Know About The Africa Group Proposal

Kundayi Masanzuk

The 29th Session of the Standing Committee on Copyright and Related Rights at the World Intellectual Property Organization is currently underway. On the agenda, inter alia, will be discussions on Limitations and Exceptions to Libraries, Archives and Educational, Teaching and Research Institutions. Against the backdrop of the success with the Marrakesh Treaty, the trajectory looks set for these further exceptions and limitations to succeed.

One Bite At The Apple: PTAB Closes IPR Joinder Loophole

Apple Bite

As a result of the America Invents Act enacted three years ago, the United States Patent Trial and Appeal Board (PTAB) now handles inter partes reviews (IPR)—a new trial proceeding used to challenge the validity of patent claims based on patents and printed publications. Recently, the PTAB has caused a split concerning the proper scope of the IPR joinder provision, which grants the PTAB discretion to join a “party” to a previously-instituted IPR. In the past, the PTAB interpreted the term “party” expansively to include petitioners for whom it had already instituted an IPR. Petitioners were quick to jump on this loophole, and have since sought to raise new arguments in an instituted IPR by filing a subsequent petition and seeking joinder with the in-progress proceeding.

Interview With Alberto Bichi, Federation Of The European Sporting Goods Industry

Alberto Bichi, secretary-general of the Federation of the European Sporting Goods Industry (FESI)

Alberto Bichi is secretary-general of the Federation of the European Sporting Goods Industry (FESI), based in Brussels. In an interview with Intellectual Property Watch’s Catherine Saez, he describes FESI’s mission, the views of the industry on the importance of intellectual property protection, and the growing issue of counterfeiting. He also talked about the industry’s concern over the current European Union customs regulation on goods in transit, which, according to him is negatively impacting the sector.

Keyword Advertising: The Next Instalment In The Interflora v M&S Saga

keyword ad

A few days after the first South African case to consider the issue of internet keyword advertising (Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd & Another Case 39605/13, 29 October 2014), we had the next instalment – from the English Court of Appeal – in the dispute between Interflora and Marks & Spencer (Interflora Inc & Another v Marks & Spencer plc [2014] EWCA Civ 1403). Yes, it is, indeed, not just any dispute concerning keyword advertising. It appears that these two litigants have taken it upon themselves to definitively settle the law relating to keyword advertising, through the various judgments their dispute is yielding.

Threats To IP Call For A Risk-Based Approach

CREATE IP ERM Whitepaper Nov 2014

By Pamela Passman Economic globalization and digitization of information have revolutionized business and allowed for efficiency that was unimaginable a few decades ago. The ability to share information remotely means companies can coordinate with partners remotely, integrate suppliers, track shipments and communicate in real time with customers in distant markets. These trends represent a seismic […]

The Caravan Has Set Out For Neo-Liberal Capture Of Global Governance

Internet-Control

The Net Mundial initiative of the World Economic Forum represents the first time that such a corporate-led venue – although sold as multistakeholder, open, and voluntary, among others – is positioned as being ‘the’ mechanism for global governance in a specific sector, the Just Net Coalition writes.