Troubled Federal Circuit Hobbles US Patent System 31/07/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment It’s been another dismal term for the Federal Circuit Court of Appeals. Six of its patent law decisions were reviewed in the US Supreme Court’s 2016-17 term, and the Federal Circuit’s decisions were overturned in all six cases. That, unfortunately, is not surprising. Over the past 15 years, the tribunal once known as the nation’s “patent court” has seen many of its most important patent law decisions reversed by the Supreme Court– sometimes in withering opinions. This has seriously undermined the Federal Circuit’s power, reputation, jurisprudence, and (apparently) self-confidence – causing a major problem for the United States’ patent system.
Companies Prefer Trade Secrets To Patents To Protect Innovation, EUIPO Finds 27/07/2017 by Dugie Standeford for Intellectual Property Watch 1 Comment “Despite their economic importance, and in particular their role in protecting returns from innovation, trade secrets are poorly studied and their relationship with patents is often misinterpreted,” the EU Intellectual Property Office (EUIPO) said in a study published this month. It used a survey of around 200,000 companies in Europe’s manufacturing and service industries to determine what factors influenced their choice between patents and trade secrets, as well as their overall use of both mechanisms. The results could help policy-makers, the Office said. It also holds out opportunities for innovative lawyers and intellectual property firms, said one IP management consultant.
WIPO Patent Law Committee Agrees On Future Work: Exceptions, Quality, Health, Confidentiality, Tech Transfer 06/07/2017 by Catherine Saez, Intellectual Property Watch 1 Comment General satisfaction was expressed today at the World Intellectual Property Organization as members of the patent law committee agreed on a future work programme. That is an exercise that they could not complete in December 2016. Included in the work programme is a half-day information exchange on cooperation between patent offices on search and examination, a half-day information exchange on publicly accessible databases on medicines and patent information, and a reference document on exceptions and limitations to patent rights.
WIPO Patent Law Committee Looks At Health, Quality 06/07/2017 by Catherine Saez, Intellectual Property Watch Leave a Comment Discussions carried out at the World Intellectual Property Organization patent law committee this week reflect strong interest for the subjects but from different angles. Topics such as how patents may affect access to medicines are favoured by some countries, while others view patents as the main enabler of innovative new products. Some find collaborative work between patent offices primordial, while others worry that it could be harmonisation in disguise. Proposals are not lacking about activities to be conducted in the committee but countries need to agree on those which meet their common goals. [Update: the committee finished early with an agreement on future work. Story to come shortly.]
IP Law Europe Summit: Future Of Legal Profession In The Digital Age, Unified Patent Court 04/07/2017 by Elise De Geyter for Intellectual Property Watch Leave a Comment MONTREUX — The legal profession is experiencing a “radical change” due to technology, a globally known author told the recent European IP Law Summit in Montreux, Switzerland. Technology has become “affordable” and professions “unaffordable” in a technology-based internet society, he said. Separately, a Belgian appeals court judge laid out details on the Unified Patent Court of Europe.
Medicines Patent Pool Nets WHO’s Kieny As New Chair 03/07/2017 by Intellectual Property Watch 1 Comment Marie-Paule Kieny, fresh out of the World Health Organization, where she held the position of assistant director general for Health Systems and Innovation, will be the new chair of the Medicines Patent Pool, as of 1 September.
Innovator Industries Claim Win In Canadian High Court Patent Ruling 01/07/2017 by William New, Intellectual Property Watch 3 Comments The Canadian Supreme Court today upheld a pharmaceutical industry appeal against a tool used in certain cases to overturn patents on products that could be seen as not meriting a patent monopoly. The ruling could effectively block a generic version of a patented drug from being on the market.
EPO Will Not Allow Patents On Plants, Animals From Biological Processes 29/06/2017 by Intellectual Property Watch 1 Comment The European Patent Office today issued a clarification about the patenting of plant and animal products, putting it in line with a European Commission clarification that such products obtained through a biological breeding process should not be patentable.
German Court, UK Election Could Push Back Unified Patent Court Launch 14/06/2017 by Dugie Standeford for Intellectual Property Watch Leave a Comment The Unified Patent Court (UPC) in Europe was previously expected to open for business in December 2017 but that timeline has now slipped.
US Supreme Court Adopts International Exhaustion Of Patents (Part II): Addressing the New Competitive Landscape 08/06/2017 by Intellectual Property Watch 1 Comment Frederick M. Abbott writes: The US Supreme Court has created a new competitive landscape with its decision adopting international exhaustion of patents. For the pharmaceutical sector, we can expect an initial period of uncertainty as the US Food and Drug Administration (FDA) assesses the regulatory framework affected by the decision and as competing stakeholders advance their interests. In an earlier Inside Views contribution, I addressed the principal impact of the decision on the US pharmaceuticals market: downward pricing pressure.[1] This follow-on addresses some of the regulatory and access issues affected by the decision, observing that parallel trade in pharmaceutical products is a long-standing practice, that recently introduced US legislative proposals may shape the regulatory framework in the United States, and concluding with ways that access programs in favor of developing countries are protected.