US Congressional Leaders Blast WIPO Lisbon Treaty Negotiations 13/02/2015 by William New, Intellectual Property Watch 2 Comments The top bipartisan members of the United States Senate and House of Representatives responsible for trade, legal and intellectual property issues today sent a strongly worded letter to World Intellectual Property Organization Director General Francis Gurry demanding that all WIPO members be permitted to fully participate in an upcoming treaty negotiation and raising concern about the trade and economic impact of currently proposed text. The treaty negotiation among a small group of WIPO members is expected to raise the level of protection of geographical indications, which are a key dividing point between Europe and the United States.
Stakeholders Give Opposing Views On GIs In EU-US Trade Agreement 12/02/2015 by William New, Intellectual Property Watch Leave a Comment Geographical indications – product names deriving from geographical origin or certain characteristics – are increasingly on the table when trade negotiations include Europeans, who are trying to recover names long used around the world. In a recent stakeholder event for the Transatlantic Trade and Investment Partnership (TTIP), both sides of the GI issue made their case.
US Challenges For Biotech In 2015 – An Interview With BIO’s Hans Sauer 06/02/2015 by Catherine Saez, Intellectual Property Watch Leave a Comment The biotechnology industry is closely watching developments in the United States that could impact the industry in 2015. These include the regulatory framework for biosimilars, possible patent legislation, post-grant review procedure, and the consequences of the recent Supreme Court ruling banning the patenting of human genes. Hans Sauer, Deputy General Counsel for Intellectual Property at the Biotechnology Industry Organization (BIO), recently spoke with Intellectual Property Watch’s Catherine Saez. Sauer was asked to lay out the main developments to watch in the coming year.
Unlimited Potential: The Innovation Renaissance Is Now 05/02/2015 by Intellectual Property Watch, Intellectual Property Watch 2 Comments By Patrick Kilbride At no other time in history has humanity enjoyed such a boundless period of innovation. The human experience is literally changing day-to-day as new medicines and new technologies create solutions to seemingly insurmountable global challenges such as poverty, hunger, disease, and climate change. This 21st century innovation renaissance could not be more […]
Questions About Funding, Text Of Tufts Study On Drug Costs 03/02/2015 by Intellectual Property Watch Leave a Comment The Union for Affordable Cancer Treatment has sent a letter to the author of a much-noted Tufts University (US) study that found high development costs for medicines, with copies to the university administration. The letter requests transparency on the funding of the study and the press conference announcing the results, as well as copies of the study itself, which the group says was not made public, along with details to justify the result.
Looking Behind The Different Invalidation Rates Of Oppositions And IPRs 28/01/2015 by Intellectual Property Watch Leave a Comment 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.
Year Ahead: Big IP Developments Loom For US Law In 2015 21/01/2015 by Steven Seidenberg for Intellectual Property Watch Leave a Comment 2014 brought major changes to the United States intellectual property system, particularly in the area of patent law. 2015 promises more of the same, as the new Supreme Court ruling in Teva Pharmaceuticals USA v. Sandoz attests. Here’s a discussion of Teva and other key cases and developments to watch this year.
Special Report: Strictly Business: US IP Attachés Report Home 24/12/2014 by William New, Intellectual Property Watch Leave a Comment WASHINGTON, DC – Last week was ‘old home week’ for officials in the United States intellectual property attaché program, as they returned before the holidays from their posts around the world. Speaking publicly, the officials gave mixed reports on the fight to advance IP rights worldwide. They also heard harsh but determined words about the situation in Geneva from the industry perspective. Two more attaché offices will open next year, and several attachés last week called for an elevation in their rank in order to enable them to have access to higher level officials in other countries.
ISPs In US Face New Copyright Attack 22/12/2014 by Steven Seidenberg for Intellectual Property Watch 4 Comments It is a novel way to attack online copyright infringement. Two music companies have sued an internet service provider, alleging that because the ISP failed to terminate the accounts of repeat infringers, the ISP is guilty of secondary infringement. This lawsuit troubles many copyright experts and its success is far from certain, but the music companies may achieve their aims regardless.
Recent Cases Warn Of Dangers Of Trying For Second Bite At The IPR Apple 22/12/2014 by Intellectual Property Watch 1 Comment 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.