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Archive: September, 2015
USPTO Proposes Substantial Rule Changes for Post-Grant Proceedings
The United States Patent and Trademark Office has proposed a substantial number of amendments relating to the rules governing AIA post-grant proceedings, including inter partes review, post-grant review, covered business method patent review, and derivation proceedings. The new rules are intended to reduce the workload of the USPTO’s Patent Trial and Appeal Board (PTAB), which […]
IS IT A PUMPKIN OR JACK-O-LANTERN – Part I
One of the more challenging aspects of clearing a design mark in the United States is finding similar marks that have already been registered with the United States Patent and Trademark Office (“PTO”). Unlike searching words or phrases, designs are given codes (“coded”) based on 29 Categories found in the PTO’s Design Search Code Manual. […]
Legal Affairs MEPs call for better protection for traditional know-how
Geographical indication (GI) protection should be extended to regionally and locally manufactured goods and handicraft products rooted in traditional know-how so as to preserve local cultural heritage and boost growth, say Legal Affairs Committee MEPs in a non-legislative resolution voted on Tuesday. MEPs urge the Commission to propose a single European geographical indication protection system […]
Pasting Trademark Labels on Invoices is Deemed Sufficient Use of A Trademark
An individual filed the trademark at issue designating “watches” in Taiwan which was registered on January 01, 1961. After conducting renewal and assignment for several times, the current trademark owner is “FORMOSA WATCH CO., LTD.” (hereinafter “the intervening party”) The Plaintiff requested to revoke the trademark at issue based on the reason that it had […]
Consideration of Reasonable Defense Not Required at Time of Infringement to Avoid Finding of Willfulness
In Carnegie Mellon University v. Marvell Technology Group, LTD, the Federal Circuit declared that a district court should not have found Marvell’s infringement to be willful. The district court had increased the jury determined damages by approximately 23% based on a finding of willful infringement. The district court based its finding of willful infringement on […]
Federal Circuit Rules ITC Can Exclude Goods Based on Inducement to Infringe Method
Federal Circuit Rules ITC Can Exclude Goods Based on Inducement to Infringe Method Suprema, Inc. v. Int’l Trade Comm., the Federal Circuit upheld an ITC exclusion order preventing Suprema from importing certain goods that could be used to infringe a patented method. The patent at issue related to a method for processing fingerprint images. The […]
Laws added to WIPO Lex database
China The Advertisement Law of the People’s Republic of China was amended on April 24, 2015, since its adoption on October 27, 1994, and comes into force on September 1, 2015. It brings about significant changes to the regulatory regime for advertising activities in China. In particular, it prohibits the use of tobacco trademarks and […]
How to Identify An Invention, or A Utility Model or A Design Made by An Employee Under The Performance of His/Her Job Duties
Company B hired Employee A for carrying out a research and development project. Company B alleged that the research achievements from the project should belong to the company because they offered the research facilities and environment. The sale of the patent rights deriving from the research achievements to a third party made by Employee A […]
Federal Circuit Holds Third Party Performance of Method Steps Attributable to Single Actor
In Akamai Technologies, Inc. v. Limelight Networks, Inc., an en banc Federal Circuit unanimously overturned a decision that Limelight did not directly infringe Akamai’s patent covering a method for delivery of web content. Limelight was found to perform all steps of the method, except a “tagging” step, which was performed by its customers. The district […]
The Rules of Reinstatement Stipulated in Patent Act Are Not Applicable to the Period of Two Months for Requesting a Reexamination After the Decision of Rejection is Served
The Plaintiff (the applicant of the patent application at issue) received a decision of rejection on June 04, 2013 and requested the reexamination on August 29, 2013. The request was dismissed by TIPO because the Plaintiff failed to comply with the statutory period of two months for requesting a reexamination, i.e. within two (2) months […]
Patent Prosecution Highway pilot programme between the European Patent Office and the Canadian Intellectual Property Office
The Patent Prosecution Highway enables an applicant whose claims have been determined to be patentable/allowable to have a corresponding application filed with a PPH partner office processed in an accelerated manner while at the same time allowing the offices involved to exploit available work results. Under the PPH pilot programme a PPH request can be based […]