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.
South Africa Moves Forward With Creator Rights Agenda 21/03/2019 by Intellectual Property Watch 5 Comments Prof. Sean Flynn writes: The South Africa National Council of Provinces has cleared the Copyright Amendment Bill for a final vote. The bill would adopt an innovative fair use right as well as new rights of creators to receive royalties, partially own commissioned works, protect works through technological protections (with exceptions for fair use), establish of a tribunal for lower cost enforcement and regulate collective management companies. It establishes what is being referred to as a creator rights model for copyright reform including rights to create, own and earn.
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.
Max Planck Institute Director Reto Hilty: Europe Might Miss Chance For Real Copyright Law Modernization 16/03/2019 by Monika Ermert for Intellectual Property Watch 2 Comments With the final vote over Europe’s new copyright directive being expected during the Parliament’s March 26th session in Strasbourg, two decades of the copyright wars seem to culminate in another hot battle. Thousands of citizens have taken to the streets during recent weeks warning that the intended changes to liability fundamentally change how citizens can use social media platforms in the future. Article 13 will make providers liable for any copyright violation, pushing them to automatically filter content uploaded by their users. Article 11, the so-called snippet law or link tax, has been pushed for by large publishers in order to compel Google and the likes to share their revenues. Amidst the ongoing fight, Reto Hilty, Director of the Max Planck Institute for Innovation and Competition (MPI) in Munich, took a cool, analytic look into the two most debated provisions and concludes that the reform–even after a number of amendments – misses on what it originally set out to achieve: adapting copyright to digital times. [Note: this interview by IP-Watch writer Monika Ermert first appeared in German in heise online, hereheise online, here.]
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.
2019 Medicines For Europe Legal Affairs Conference 07/03/2019 by Intellectual Property Watch, Intellectual Property Watch 1 Comment Advertisement: The 2019 Medicines for Europe Legal Affairs Conference will take place, for the first time, in Amsterdam. In its 15th edition, this conference will provide participants with the opportunity to exchange views and share ideas with leading industry executives and experts, counsel and European institution officials around the latest developments in intellectual property and legal affairs concerning generic, biosimilar and value added medicines within Europe and worldwide.
Chinese IP Officials Complete Study Of UK, European IP Law 06/03/2019 by Intellectual Property Watch Leave a Comment A cohort of senior Chinese officials from the China National Intellectual Property Administration (CNIPA) has graduated from a four-month training programme at the Intellectual Property Research Institute of Queen Mary University of London.