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
patents
NFTs and IP – Your opportunity to comment
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.
How does an offer for sale affect the patentee’s profitability – an economic analysis from the SPC
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…
Federal Circuit upholds constitutionality of TTAB judges
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…
Consultation Open for Australia’s Medical and Biotechnology Patent Box
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…
U.S. Supreme Court sides with Google and ends software copyright battle
The Supreme Court ruled on whether Google’s copying of Oracle’s Java SE API program was a protected “fair use” under US copyright law.…
Combating the unsustainable rise of patent application numbers in the PRC
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…
China’s 2020 Patent Law Reform and Patent Linkage System
Patent Law Reform
We discussed the second draft of proposed amendments to the People’s Republic of China (“PRC”) Patent Law in our previous blog post here. Since then, on 17 October 2020 the PRC National People’s Congress…
China Releases Draft Patent Law Amendment
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…
Willfulness not required for profits awards in trademark infringement suits
A trademark infringement suit is not required to show willful infringement as a precondition to a disgorgement of the infringers’ profits.…