Do Patent Trolls Exist? Two Studies Reach Different Conclusions (Part 2) 18/12/2018 by Steven Seidenberg for Intellectual Property Watch 2 Comments Two recent academic papers examine whether Non-Practicing Entities (NPEs) deserve their reputation as patent trolls – but the papers reach conflicting conclusions. As discussed in the first part of this article, a paper published by Stanford’s Hoover Institution found that 26 publicly-listed NPEs invest in R&D and do little harm to America’s high tech sector. These findings, however, are less significant than they appear. Another paper, published by Harvard Business School (HBS), found that NPEs do on average behave as patent trolls. How important – and trustworthy – are the HBS findings?
Singapore IP Office Grants First Accelerated Patent Under New FinTech Initiative 10/12/2018 by Intellectual Property Watch Leave a Comment The Intellectual Property Office of Singapore (IPOS) has granted its first accelerated patent under its new FinTech Fast Track initiative last week to Voyager Innovations, a technology company based in Southeast Asia, according to an IPOS press release. “While patent grants typically take at least two to four years, and in many cases even longer, […]
Agreement At WIPO Patent Law Committee Signals Less North-South Contention 07/12/2018 by Catherine Saez, Intellectual Property Watch 1 Comment Satisfaction was shared at the World Intellectual Property Organization yesterday as its patent law committee closed early with an agreement on its future work. According to delegates taking the floor, the subject of future work answers interests of different groups. Approval of proposals on patents and health were particularly noteworthy, according to sources.
Transparency Of Patent Status Key For Health Actors: Databases Presented At WIPO 05/12/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment Information on the status of patents can be key for medicines procurement agencies seeking to know if they can source cheaper generic products. Several databases providing free information on patent status were presented yesterday at the World Intellectual Property Organization. The World Health Organization, also invited, hailed the efforts, but warned against listing follow-on patents, which could confuse procurement professionals. And a prominent molecular biologist, chief executive of a patents-and-scholarly database, called for breaking silos to advance innovation.
Health Advocacy Groups Appeal EPO Decision To Uphold Gilead Hepatitis C Patent 05/12/2018 by Intellectual Property Watch Leave a Comment Six organisations, including Médecins Sans Frontières (MSF, Doctors Without Borders), today appealed a European Patent Office decision to uphold Gilead Science’s patent on hepatitis C drug sofosbuvir.
As Blockchain Inventions Explode, EPO Says It’s Ready To Meet Patent Demand 05/12/2018 by Dugie Standeford for Intellectual Property Watch Leave a Comment THE HAGUE, NETHERLANDS — The number of blockchain inventions is mushrooming, and the European Patent Office wants to ensure it handles the increasing patent applications consistently, officials said at a 4 December conference that brought together around 350 patent examiners and practitioners.
Study Finds Arthritis Drug Enbrel Overpatented, Overpriced in US 04/12/2018 by Intellectual Property Watch Leave a Comment Initiative for Medicines, Access & Knowledge (I-MAK) released a new study yesterday showing that the rheumatoid arthritis drug Enbrel has been overpatented by drugmaker Amgen, which has filed a total of 57 patents on the drug in the United States. Together, these patents were said to delay market competition by 39 years, rather than the standard 20 years for one patent. The study found that this market exclusivity for Enbrel resulted in US$ 8 billion dollars in sales in 2017 alone.
Conferences On Medicines Patent Information, Patent Office Cooperation, At WIPO This Week 03/12/2018 by Catherine Saez, Intellectual Property Watch Leave a Comment The World Intellectual Property Organization patent law committee meeting this week will convene two half-day conferences, one on cooperation between patent offices, and the other on publicly accessible databases on patent information on medicines and vaccines. Other topics for discussion will be patents and health, confidentiality of communications between patent applicants and their advisors, quality of patents, and the research exception.
Do Patent Trolls Exist? Two Studies Reach Different Conclusions (Part 1) 29/11/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment They are called many things. Patent Assertion Entities (PAEs), Non-Practicing Entities (NPEs), Patent Trolls, and on occasion, names not suitable in polite company. They often are accused of harming innovation and the economy, while providing nothing useful in return. They, less often, are said to promote innovation, in part by helping small inventors monetize their discoveries. Two recent academic studies attempt to shed light on this dispute, but their findings seem contradictory – at least at first.
The Bumpy Road To Selection Patents In India 19/11/2018 by Intellectual Property Watch 1 Comment Namrata Chadha, of K&S Partners, a Tier 1 Indian law firm, discusses various crucial aspects relating to patenting of selection inventions in India, especially in pharmaceuticals and chemicals. Summary: The patenting of selection inventions is not plain sailing in India. The patentability of such inventions must be determined in accordance with the general provisions of the Indian Patents Act, as there is no separate provision for the same in the Act. Of the said general provisions, the assessment of inventive step and testing under section 3(d) of the Indian Patents Act can be perceived as the most critical to patentability of selected novel species. Additionally, the concepts of ‘implicit disclosure’ and the contrasting views on ‘coverage vs disclosure’ frequently makes it challenging for applicants to defend their novel selection under the Indian scenario. Given the lack of enough precedents in India on this aspect, to date the fate of selection patents depends mostly on the judgement of the patent controllers. Not all hope is lost, however, since not only the Indian Patent Office, but also the IPAB and higher Courts have time-and-again acknowledged the existence of selection patents in India.