Tag archives: patents

Navigating the Waters of Intellectual Property: A Closer Look at the FTC’s Patent Listing Policy

By Ani Oganesian (US) on Posted in Patents
In the ever-evolving landscape of intellectual property and antitrust regulations, the Federal Trade Commission (FTC) issued a new Policy Statement on Patent Listing on September 14, 2023. This statement carries far-reaching implications for patent holders, competitors, and consumers alike. In this blog post, we will delve into the key aspects of the FTC’s Patent Listing … Continue reading

NFTs and IP – Your opportunity to comment

Photo of Felicia Boyd (US)Photo of Susan Ross (US)By Felicia Boyd (US) and Susan Ross (US) on Posted in Copyright, Intellectual Property, Patents, technology and innovation, Trademark
On November 23, 2022, the US Patent and Trademark Office and the US Copyright Office issued a request for public comment on the subject of Non-Fungible Tokens (NFTs) and intellectual property rights. Comments are due by Monday, January 9, 2023. In addition, the Offices will offer three public roundtables:  one panel on NFTs and patents … Continue reading

How does an offer for sale affect the patentee’s profitability – an economic analysis from the SPC

Photo of Justin Davidson (HK)Photo of Stanley NgBy Justin Davidson (HK) and Stanley Ng on Posted in Patents
Under the PRC Patent Law, the offering for sale of an infringing product constitutes an act of infringement, regardless of whether the product is actually sold or not. However, there are divergent views as to what damages arise merely from such offering (without any actual sale). According to one school of thought, the patentee does … Continue reading

Federal Circuit upholds constitutionality of TTAB judges

Photo of Andrea Shannon (US)Photo of Robert Greeson (US)By Andrea Shannon (US) and Robert Greeson (US) on Posted in Patents, Trademark
This week the Federal Circuit rejected a constitutional challenge to the Secretary of Commerce’s appointment of administrative judges to the Trademark Trial and Appeal Board (“TTAB”) at the U.S. Patent and Trademark Office (“USPTO”). The decision comes on the heels of the Supreme Court’s decision in June in Arthrex v. Smith & Nephew, which stated … Continue reading

Consultation Open for Australia’s Medical and Biotechnology Patent Box

Photo of Jackie O'Brien (AU)By Jackie O'Brien (AU) on Posted in General, Intellectual Property, Patents
On 5 July 2021, the Government released its Discussion Paper setting out the Government’s proposal and seeking views from key stakeholders. The paper will be open for submissions until 16 August 2021.   Now is the opportunity for stakeholders to put forward their suggestions as to what a patent box in Australia should entail. Patent boxes … Continue reading

Combating the unsustainable rise of patent application numbers in the PRC

Photo of Justin Davidson (HK)Photo of Stanley NgBy Justin Davidson (HK) and Stanley Ng on Posted in Intellectual Property, Patents
In the last decade there has been an exponential increase in the amount of patent filing originating from China, which, according to a recently published USPTO report, can be attributed to certain non-market factors including subsidies and targets set by various governmental authorities in China. Coincidently, or perhaps not coincidentally, the China National Intellectual Property … Continue reading

China Releases Draft Patent Law Amendment

Photo of Justin Davidson (HK)Photo of Stanley NgBy Justin Davidson (HK) and Stanley Ng on Posted in Patents
On 3rd July 2020, the National People’s Congress (NPC) of the People’s Republic of China released a second draft of proposed amendments to the PRC Patent Law for public consultation. In response to opinions from various government authorities and experts, the second draft incorporates several important changes of note: Partial design protection The draft includes … Continue reading

CIIs – The Australian Full Court Encompass Decision

Photo of Helen Macpherson (AU)Photo of Harrison Ottaway (AU)By Helen Macpherson (AU) and Harrison Ottaway (AU) on Posted in General, Patents
Overview The patentability of computer implemented inventions (CII) has long been a contentious topic in Australian patent law. A few months ago, we wrote about Justice Robertson’s decision in Rokt Pte Ltd v Commissioner of Patents, which overturned the Australian Patent Office’s rejection of a patent application for a CII relating to a digital advertising … Continue reading

The highs and lows of the 2019 Australian IP Report

Photo of Georgina Hey (AU)By Georgina Hey (AU) and Benjamin Kende on Posted in Trademark
The highs and lows of the 2019 Australian IP Report To mark World Intellectual Property Day, IP Australia released its seventh edition of the Australian Intellectual Property Report 2019 (Report). The Report provides a snapshot of the Australian IP landscape in 2018 by consolidating data, highlighting trends and critically analysing its future. In this article, … Continue reading

Venezuela and US trademark owners

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Trademark
US owners of patents and trademarks who have registered them in Venezuela find themselves in the unusual position of being prohibited by the US government from paying Venezuela any required fees in the Venezuelan cryptocurrency, the Petro.  For more information, please read our Legal Update.… Continue reading

Recent developments for IPR protection in China

Photo of Justin Davidson (HK)By Justin Davidson (HK) on Posted in Copyright
On November 5th 2018, at the inauguration ceremony of the first-ever China International Import Expo held in Shanghai, President Xi Jinping reassured investors, especially foreign enterprises, on the administration’s determination to protect their intellectual property rights in China. In the speech, President Xi announced that in order to significantly increase the cost of infringing IPR … Continue reading

Amended Australian IP laws receive Royal Assent with little fanfare

Photo of Georgina Hey (AU)Photo of Isobel Taylor (AU)By Georgina Hey (AU) and Isobel Taylor (AU) on Posted in Copyright, General, Trademark
On 24 August 2018, the creatively named Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 quietly received Royal Assent, with some parts of the new Act entering into force the following day. As the name indicates, the primary focus of the new legislation is to implement the recommendations made … Continue reading

What Brexit means for IP: The UK Law Society, the IP Bar, CIPA and CITMA weigh in on Brexit strategy

Photo of Georgina Hey (AU)Photo of Rebecca Brenikov (AU)By Georgina Hey (AU) and Rebecca Brenikov (AU) on Posted in Advertising, General, Trademark
It’s no surprise that many in the professional and legal services industries are putting increasing thought into what the post-Brexit world will, or should, look like. The Chartered Institute of Patent Attorneys (CIPA) in the UK has been the latest body to put its two cents (or pennies) into the mix. Brand owners from all … Continue reading

Australia – No extensions for Swiss style Pharma Patents

Photo of Helen Macpherson (AU)Photo of Rohan Sridhar (AU)By Helen Macpherson (AU) and Rohan Sridhar (AU) on Posted in Advertising, General
A Full Court of the Federal Court has confirmed that patents containing “Swiss-style” claims are outside the scope of the Australian patent term extension regime in its recent judgment of Commissioner of Patents v AbbVie Biotechnology Ltd [2017] FCAFC 129. What it means: Patents which claim methods or processes involving pharmaceutical substances cannot be extended … Continue reading

Court decision highlights difficulty in challenging innovation patents

Photo of Helen Macpherson (AU)By Helen Macpherson (AU) on Posted in Advertising
Late last month, Justice Burley handed down his decision in Doric Products Pty Ltd v Asia Pacific Trading (Aust) Pty Ltd [2017] FCA 849. The decision provides a useful illustration of how Australian Courts will approach construction, infringement and validity issues in innovation patent proceedings, and emphasises the difficulties respondents face when challenging the validity … Continue reading

Productivity Commission’s Report on Australia’s IP system

Photo of Georgina Hey (AU)By Georgina Hey (AU) on Posted in Advertising, Trademark
The Inquiry Report into Intellectual Property Arrangements recently published by the Productivity Commission (Report) argues that Australia’s IP system is weighted too heavily in favour of rights holders and against the interests of the broader community. It has made various recommendations to correct this perceived imbalance. This article considers some of the recommended changes which, … Continue reading
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