US Patent Reform Cleared For Senate Vote, Likely This Week 07/09/2011 by Intellectual Property Watch Leave a Comment The United States Senate voted to invoke cloture and limit debate on patent reform Tuesday night, with a vote of 93-5. The measure, HR 1249, the Leahy-Smith America Invents Act, now will go to the Senate floor for debate and final passage; a vote could happen as early as Thursday.
Indian Supreme Court To Hear Novartis Challenge To India’s Patent Law 06/09/2011 by William New, Intellectual Property Watch 6 Comments The Indian Supreme Court today is expected to hear Swiss pharmaceutical company Novartis’ case against a provision of Indian patent law aimed at preventing the extension of drug patents for minor changes in existing products, a practice known as evergreening.
Alto Funcionário Discute Sobre Renúncia Ao Seu Cargo Na ANVISA, No Brasil, Devido à Política Sobre Patentes 11/08/2011 by Intellectual Property Watch 2 Comments Luis Carlos Wanderley Lima, funcionário sênior responsável pela política brasileira que expressa a opinião do Ministério da Saúde no referente à análise de pedidos de patente que possam ocasionar um impacto na saúde pública, renunciou recentemente em protesto contra as modificações na mencionada política. Em uma sessão de perguntas e respostas com a Intellectual Property Watch, ele conversou com relação a sua decisão.
Top Official Discusses Resignation From Brazil’s ANVISA Over Patent Policy 11/08/2011 by William New, Intellectual Property Watch 1 Comment Luis Carlos Wanderly Lima, a senior official responsible for Brazil’s policy of giving a voice to its health ministry in the examination of patent applications with potential impact on public health, recently resigned in protest about changes to the policy. In a Q&A with Intellectual Property Watch, he discussed his decision.
Getting The Most Value From Your Patent Claims 04/08/2011 by Intellectual Property Watch 2 Comments Preparing patents is both a science and an art. The science is often easy to recognize, if not always easy to understand. The art of properly expressing that science in the words of a patent claim is harder to evaluate and is more often overlooked, yet is crucial to the value of the patent, write Heather J. DiPietrantonio and Edmund J. Walsh.
US Senate Vote On Patent Reform Expected In September 03/08/2011 by Intellectual Property Watch Leave a Comment The United States Senate is expected to hold a vote on a bill to modify US patent law, in part making it more closely aligned with international practices, according to Senate sources. But some are concerned the bill will not end patent fee diversion at the US Patent and Trademark Office.
Myriad Outcome: Winds Shift Again For Gene Patenting In The US 02/08/2011 by Catherine Saez, Intellectual Property Watch 5 Comments In a long-awaited decision, a United States federal appeals court has decided that US companies can patent breast cancer genes, reversing a previous ruling. The decision was not unanimous, with one of the three judges dissenting. But despite the attention the case has received, the ruling may have little impact on the biotechnology industry, according to analysts.
A Glance At Current Patent Litigation In India 29/07/2011 by Intellectual Property Watch Leave a Comment The third amendment of Patents Act 1970, in 2005, was a major breakthrough for Indian IP practice in patents. The current crop of judicial decisions, discussed in this note, has initiated the need to have a critical mass of judicial precedents streamlining law and rules governing patent practice in India, writes Kamakhya Srivastava.
Corporate Self-Interest And Strategic Choices: Gilead Licenses To Medicines Patent Pool 21/07/2011 by Intellectual Property Watch 3 Comments Gilead’s recently announced ARV licenses to the Medicines Patent Pool, although positive in some respects, still unreasonably limit the geographical access of key middle-income countries and restrict the sourcing of APIs and products to Indian companies, meaning that both generics companies and excluded countries will need to make strategic decisions to bypass the defects in the licenses, writes Brook Baker.
Interview With Chief Judge Paul R. Michel On US Patent Reform 14/07/2011 by Intellectual Property Watch 7 Comments Chief Judge Paul R. Michel (Ret.), of the U.S. Court of Appeals for the Federal Circuit, saw hundreds of patent cases during his distinguished career and has a unique position from which to view and offer advice on efforts in the US Senate and House of Representatives to agree on changes to domestic patent law. Intellectual Property Watch recently had the opportunity to interview Judge Michel on prospects for substantive patent reform in the US, the effect on future cases involving domestic and foreign patents, likely constitutional challenges, and the “non-problem” of non-practicing entities.