EPO Still Granting Patents On Conventional Vegetables; ‘Just Following Rules’ 24/05/2013 by Catherine Saez, Intellectual Property Watch 4 Comments The European Patent Office is continuing to grant patents on conventional plants despite demands from the European Parliament and the German Parliament that the patent office refrain from granting such patents, the coalition of non-governmental organisations called “No patents on seeds” said in a release.
After Court Ruling, US Still In Disarray On Software Patents 20/05/2013 by Steven Seidenberg for Intellectual Property Watch 2 Comments What inventions are eligible for patent protection? That question has roiled the US legal system for the last decade. But the Federal Circuit Court of Appeals (often called the nation’s patent court) was supposedly riding to the rescue. The court’s eagerly-awaited en banc decision in CLS Bank Int’l v. Alice Corp. [pdf] was widely expected to clarify the patentability of computer-related inventions, which play a vital role in the US economy. Unfortunately, instead of clarifying the law, the court’s 10 May ruling increased the confusion, casting doubt on more than 300,000 patents – including one-fifth of all patents issued last year.
WIPO Group To Consider Substantive Amendment To Patent Cooperation Treaty 18/05/2013 by William New, Intellectual Property Watch Leave a Comment On the agenda of the normally technical World Intellectual Property Organization working group on the Patent Cooperation Treaty (PCT) next week is a proposal for an amendment that would incorporate the bilateral Patent Prosecution Highway (PPH) used by some countries into the PCT. This has stirred concern among countries that are currently outside the PPH system.
EPO-UNEP Report Examines Patents And Clean Energy 15/05/2013 by Intellectual Property Watch 1 Comment A recent report from the United Nations Environment Programme (UNEP) and the European Patent Office (EPO) looks at the role of the patent system in clean energy technology (CET) transfers in Africa. One of the highlights of the report is that less than 1 percent of identified CET-related patent applications have been filed in Africa, despite there being a high level of potential in renewable energy sources.
US Supreme Court Rules In Favour Of Monsanto In Patent Exhaustion Case 13/05/2013 by Catherine Saez, Intellectual Property Watch 4 Comments The United States Supreme Court found today that a farmer who buys patented seeds may not reproduce them through planting and harvesting without the right holder’s permission. The case, known as Bowman v. Monsanto, revolved around patent exhaustion. The Supreme Court was to decide whether patent exhaustion applied to patented seeds after their authorised sale.
US Supreme Court May Invalidate Gene Patents, But Create Little Change 23/04/2013 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Prior to 15 April, most experts had expected the United States Supreme Court to rule in Association for Molecular Pathology v. Myriad Genetics that genes cannot be patented. The oral argument on that date strengthened this consensus opinion, but also suggested that the court would issue a narrow decision which would allow many types of gene-related patents. Should this happen, the US would move significantly closer to other countries’ rules for gene patents, but the US would continue to have problems limiting patent rights in order to protect the public interest.
German Parliament Sends Message: Stop Granting Software Patents 22/04/2013 by Intellectual Property Watch 5 Comments The German Parliament has passed a joint motion against the growing trend of patent offices to grant patents on software programs. The resolution on “Secure Competition and Innovation in the software development,” obliges the German government to take steps to ensure that software is protected by copyright only and no additional patent protection is granted.
Reports: Obama’s Proposed 2014 Budget Favours Patent Office, R&D, Generic Drugs 11/04/2013 by William New, Intellectual Property Watch 1 Comment US President Barack Obama yesterday released his proposed budget for fiscal year 2014, and according to reports it would give the US Patent and Trademark Office (USPTO) control over its revenues, and would be mixed for the biopharmaceutical industry while taking several steps to boost generic medicines.
South Korea Military Fights High Price Of Patented R&D 10/04/2013 by Intellectual Property Watch Leave a Comment Korea Intellectual Property Office (KIPO) Commissioner Young-min Kim has joined military leaders and patent attorneys in signing a “Working agreement for the building of a military intellectual property (IP) ecosystem.” A key aim is to avoid high-cost private-sector patent monopolies on military R&D.
Study: Misuse Of Patent System Affecting Health System In Australia 10/04/2013 by Intellectual Property Watch Leave a Comment Research from the University of Melbourne has found that patents may be keeping pharmaceuticals expensive in Australia, but said that most of the patents are being taken out by companies that are not the originators of the drugs.