US ITC Not Keeping Pace With Digital Revolution, New Report Argues 26/06/2018 by David Branigan, Intellectual Property Watch 1 Comment The rapid rise of digital technology in the twenty-first century places new demands on intellectual property protections, while presenting new challenges. A new report suggests that a leading US agency that investigates patent infringement may need to be updated to keep up.
On Questionable Legal Basis, US Court Expands Range Of Patentable Inventions 21/06/2018 by Steven Seidenberg for Intellectual Property Watch Leave a Comment For more than a decade, the United States has been making it harder to obtain patents. A series of court rulings have steadily restricted the types of inventions that are patent-eligible. The tide, however, may be now turning. The Federal Circuit’s recent decision in Vanda Pharmaceuticals v. West-Ward Pharmaceuticals has opened the way to many future patents on biotech and personalized medicine. The ruling is a big step forward for the biotech and medical industries, and perhaps for patients seeking better medical care. But there’s a catch. Vanda could be overturned because it conflicts with the US Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories.
Data Localization (Nearly) Banned In EU 21/06/2018 by Intellectual Property Watch Leave a Comment The European Parliament, Council and European Commission on 19 June cut a deal on a new regulation on the free flow of non-personal data. The regulation, which is expected to pass the final votes in Parliament and Council without further issue, is a European answer to concerns over potential data localization obligations, which came into some demand following the Snowden revelations about intelligence services hoovering data from netizens.
EU Copyright Reform Proposal Clears Lead Legislative Committee, To Cheers And Jeers 20/06/2018 by Dugie Standeford for Intellectual Property Watch 3 Comments The European Parliament Legal Affairs Committee (JURI) adopted its report on the European Commission-proposed copyright in the digital single market directive yesterday. The vote, by the lead committee vetting the proposal, sparked a continuation of the acrimonious debate that has raged for many months over several controversial provisions: The creation of a new right for online publishers and a requirement that Internet platforms monitor users’ uploads for copyright infringements. The narrow majority that approved the report by German Member of the European Parliament (MEP) Axel Voss, of the European People’s Party, “suggests that the struggle is still long,” telecom consultant Innocenzo Genna blogged.
MSF Challenges Gilead Hepatitis C Patent In China 19/06/2018 by Intellectual Property Watch Leave a Comment Médecins Sans Frontières (MSF, Doctors Without Borders) filed a patent challenge at the China State Intellectual Property Office today, asking for the invalidation of a Gilead patent on a hepatitis C medicine.
EPO Staff, Users List Priorities For Incoming President 19/06/2018 by Dugie Standeford for Intellectual Property Watch Leave a Comment As the European Patent Office (EPO) prepares to welcome a new president, staff members and patent practitioners are setting out their priorities and suggestions for the newcomer, António Campinos. Topping the list for patent examiners is ending the contentious relationship between management and employees. Patent attorneys and litigators, meanwhile, want to see more attention paid to creating a fair balance between the speed of patent grants and patent quality.
Rethinking Article III Standing In IPR Appeals At The Federal Circuit (US) 18/06/2018 by Intellectual Property Watch 1 Comment If the Federal Circuit will not correct its misplaced jurisprudence, then it is time for the Supreme Court to correct course, and bring into line the Federal Circuit’s IPR standing to appeal jurisprudence, with the Supreme Court’s (and other Circuits’) more forgiving law of allowing petitioners whose petitions are denied, to challenge such denials, particularly when Congress has set forth reasonable conditions, like Section 319, upon which such challenge is to occur, write Charles Macedo, Chandler Sturm, and James Howard.
US Imposes USD 50B In Tariffs On China For Forced IP/Tech Practices, Cybertheft 15/06/2018 by William New, Intellectual Property Watch Leave a Comment The United States today released a list of products imported from China to the US on which additional tariffs will be placed as a measure aimed at pressuring China to change its practices the US says force US companies to give up intellectual property and transfer technology. Some industries have been dropped from the list such as pharmaceuticals, while a second list has now been announced, officials told reporters this morning.
World’s 5 Largest IP Offices Name Artificial Intelligence A Top Strategic Priority 15/06/2018 by Intellectual Property Watch 1 Comment The heads of the patent offices of China, Europe, Korea, Japan and the United States met today and declared artificial intelligence one of the top strategic priorities for them as a group. Other efforts included work on harmonising patent practices, the Global Dossier program, classification of new technologies, and patents and standards, according to a release.
European Commission Appoints Artificial Intelligence Expert Group, Launches AI Alliance 14/06/2018 by Intellectual Property Watch Leave a Comment The European Commission appointed 52 experts today to a new High-Level Expert Group on Artificial Intelligence, and also launched the AI Alliance, an online forum to facilitate broad participation in dialogue on the burgeoning technology.