In US, New Legal Ploy May Protect Bad Patents 18/10/2017 by Steven Seidenberg for Intellectual Property Watch 2 Comments It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug, Restasis. Then, on 16 October, Allergan lost one of those challenges. A US court found the patents invalid. Allergan vowed to appeal, thus maintaining its monopoly on the drug until a final court determination, which could be over a year away. But Allergan’s monopoly could collapse far sooner, if the company were to lose the second challenge to the patents, before the USPTO. Such a loss was probable, as the agency had already found a “reasonable likelihood” that prior art invalidated the patents on Restasis. So back in September, Allergan employed an innovative legal strategy: The company gave its patents to a Native American tribe, and the tribe claimed its sovereign immunity prevented the USPTO from reviewing the patents’ validity. If this strategy were to succeed, it will do far more than just boost Allergan’s bottom line. The new strategy will increase the power of patent owners, help patent trolls, and dramatically alter the US patent system.
WIPO-Pharma Patent Database Started With Industry In Early 2017 17/10/2017 by William New, Intellectual Property Watch 1 Comment A newly announced partnership between the UN World Intellectual Property Organization and the international pharmaceutical industry to set up a database of medicines patents announced this month to the surprise of governments and civil society was an idea originally brought to WIPO by a group of companies in February of this year. Now they appear to be encouraging others to join in.
The Consequences Of Killing USPTO Patent Reviews 29/09/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Does the US Constitution prohibit the USPTO from striking down issued patents? That question will be decided by the US Supreme Court later this term. Should the Court rule against the USPTO, it would dramatically alter the US patent system in favor of patentees, give a big boost to patent trolls, and damage innovation in the US. The ruling also would make the US an outlier among major industrialized countries – turning it into the only such nation where patents could not be challenged in administrative proceedings.
How USPTO Patent Reviews Became Imperiled 28/09/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Initially, the lawsuit was widely viewed as a waste of time. The suit asserted a strained legal argument that already had been rejected twice by federal appellate panels, in 1985 and 1992. Yet this lawsuit, Oil States Energy Services v. Greene’s Energy Group, has now reached the US Supreme Court. So later this term, the high court will decide whether the US Constitution prevents the US Patent and Trademark Office from ever striking down issued patents.
Disparity In Access To Medicines Spurs “Humanitarian” Patent Licensing 28/09/2017 by Dugie Standeford for Intellectual Property Watch Leave a Comment “There are shameful access disparities around the world” to life-saving medicines, Harvard University Global Access in Action project Co-Director Quentin Palfrey said at a 26 September Center for Strategic and International Studies event in Washington, DC. And while some of the challenges to fuller access involve pricing, getting medicines to poorer countries or populations means overcoming the obstacles of insufficient research and development (R&D) incentives, access barriers and polarised politics, he said.
Four Stages To Monetizing A Patent Portfolio 28/09/2017 by Intellectual Property Watch Leave a Comment By Martin Bijman, Director, Intellectual Property Products , TechInsights Successfully pursuing the monetization of IP assets requires an accurate assessment of their value and position within the marketplace. Essentially, monetizing a patent portfolio includes four key steps: Developing an accurate assessment of the current value of the portfolio Understanding the trends within the portfolio based […]
US Firms Rush To File Patents Ahead Of Driverless Car Boom 26/09/2017 by Bruce Gain for Intellectual Property Watch Leave a Comment The socioeconomic impact driverless cars are expected to have is often compared to that of the internet, or going further back in time, to the industrial revolution. As fleets of vehicles that pilot themselves approach commercial rollout thanks to developments in artificial intelligence (AI), machine learning, and other technologies; original equipment manufacturers are aggressively filing patents for their self-driving vehicle designs. These players include General Motors and its Cruise Automation subsidiary, German automotive supplier Bosch, Ford, which owns a stake in driverless car start-up Argo AI; and Google sister company Waymo.
Panel Debates Potential Impact Of Reversal Of US Administration Patent Review 25/09/2017 by Dugie Standeford for Intellectual Property Watch Leave a Comment The United States Supreme Court recently agreed to hear arguments in Oil States Energy Services v. Greene’s Energy Group, a case involving a patent on a device used for hydraulic fracturing (fracking). After the patent was granted, Greene’s petitioned for, and was granted, an “inter partes review (IPR)” by the US Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). After losing at the board, Oil States asked the high court to determine that IPR, which is used to analyse the validity of existing patents, is unconstitutional because it takes away private property rights by denying Art. III jury trials.
Is India’s Expedited Examination Of Patents A Big Deal? 04/09/2017 by Patralekha Chatterjee for Intellectual Property Watch Leave a Comment In recent days, the Indian news media has been awash with stories about a patent granted within a record 113 days. The norm, till very recently, was anywhere between three to five years and sometimes more. However, change is in the air.
India Grants Pfizer Patent On Pneumonia Vaccine, Stokes Fear Of Unaffordability 22/08/2017 by Intellectual Property Watch Leave a Comment MUMBAI (Reuters) – India has granted Pfizer Inc a patent for its powerful pneumonia vaccine Prevenar 13, in a blow to some health groups that said this would put the treatment out of reach of thousands in poorer nations.