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The Federal Circuit Reverses Precedent on Functional Claiming Standard

The Federal Circuit Reverses Precedent on Functional Claiming Standard

The Federal Circuit Reverses Precedent on Functional Claiming Standard. In Williamson v. Citrix Online, LLC the Federal Circuit redefined functional claiming for US patent applications and issued patents. In Williamson, the Court reconsidered its prior holdings regarding when a claim recitation was to be construed as a means-plus-function limitation. A claim recitation that is construed […]

The Federal Circuit elaborated that Patent Eligibility is a Threshold Inquiry

The Federal Circuit elaborated that Patent Eligibility is a Threshold Inquiry

The Federal Circuit elaborated that Patent Eligibility is a Threshold Inquiry. In OIP v. Amazon the Federal Circuit upheld a District Court’s grant of a motion to dismiss because of patent invalidity. OIP alleged that Amazon was infringing its claimed computer implemented methods for optimizing the pricing of products for sale by gathering statistics, compiling […]

IPR SME Helpdesk for Latin America

IPR SME Helpdesk for Latin America

From 7 July, the Mercosur IPR Helpdesk has considerably expanded its services to include more than 18 Latin American countries, including Mexico, Colombia and Peru. This change is reflected in the Helpdesk’s new name, the Latin America IPR SME Helpdesk. Chile, Brazil, Argentina and the rest of the Mercosur countries will also be covered by […]

Supreme Court Rules Belief in Invalidity is Not a Defense to Induced Infringement

Supreme Court Rules Belief in Invalidity is Not a Defense to Induced Infringement

Supreme Court Rules Belief in Invalidity is Not a Defense to Induced Infringement. In Commil USA, LLC v. Cisco Systems, Inc., the U.S. Supreme Court held that a defendant may not assert a good-faith belief in a patent’s invalidity as a defense against liability for inducing infringement. Inducement requires not just knowledge of the patent-in-suit, […]

Report on protection and enforcement of intellectual property rights

Report on protection and enforcement of intellectual property rights

The European Commission has published its biennial report on protection and enforcement of intellectual property rights (IPR) in key third countries. The report is part of the European Commission’s Strategy for the Enforcement of Intellectual Property Rights in Third Countries. It is largely based on an EU survey on the protection and enforcement of IPR […]

EPO and IMPI agree on CPC introduction in Mexico

EPO and IMPI agree on CPC introduction in Mexico

Meeting in Munich this week the heads of the EPO and the Mexican Institute of Industrial Property (IMPI) signed a Memorandum of Understanding relating to the introduction of the Cooperative Patent Classification (CPC) by the IMPI. Jointly introduced by the EPO and the USPTO in 2013 and built on the EPO’s in-house ECLA classification the […]

Copyright Act of Thailand has been added to WIPO database

Copyright Act of Thailand has been added to WIPO database

The Copyright Act (No. 3) B.E. 2558 (A.D. 2015) was approved by the National Legislative Assembly, signed into law by the King and published in the Royal Gazette on February 5, 2015. It came into force on April 6, 2015, on the sixtieth day after the publication in the Royal Gazette on February 5, 2015. […]

The Supreme Court Rules Patent Licensing Beyond Patent Term is Anti-Competitive

The Supreme Court Rules Patent Licensing Beyond Patent Term is Anti-Competitive

The Supreme Court Rules Patent Licensing Beyond Patent Term is Anti-Competitive. In, Kimble v. Marvel, The Supreme Court considered anti-competitive concerns to patent licensing contracts beyond the term of a patent. Stated another way the case is about post-expiration patent royalties. The US has had a longstanding ban on such royalties, as a result of […]

Community trade mark regulation

Copyright reform: promote cultural diversity and ensure access to it, say MEPs

Forthcoming proposals to reform EU copyright law for the digital era must ensure a fair balance between the rights and interests of both creators and consumers, said MEPs on Thursday. They called for ways to improve access to online content across borders, while recognizing the importance of territorial licences, particularly for TV and film productions. […]

Canada ratified the UPOV Convention

Canada ratified the UPOV Convention

The Government of Canada deposited its instrument of ratification of the 1991 Act of the International Convention for the Protection of New Varieties of Plants on June 19, 2015. The purpose of the International Union for the Protection of New Varieties of Plants (UPOV) is to provide and promote an effective system of plant variety […]

17th annual Global Anti-Counterfeiting Awards

17th annual Global Anti-Counterfeiting Awards

The winners of the seventeenth annual Global Anti-Counterfeiting Awards, sponsored by Reconnaissance International’s Authentication News™ and the Global Anti-Counterfeiting Group (GACG) Network were announced in Paris on World Anti-Counterfeiting Day.  The awards were made as a continuing recognition of special achievements by organisations, companies and individuals. John Anderson, Chairman of the GACG Network of national […]

co-operation

Global dossier now extended to include USPTO data

The EPO has extended the Global dossier service to include file wrapper data from the United States Patent and Trademark Office (USPTO). The project is an initiative by the EPO, JPO, KIPO, China’s State Industrial Property Office (SIPO) and the USPTO, collectively referred to as the IP5 offices, who agreed to make available information produced […]

Companies owning IP rights outshine competitors in economic performance

Companies owning IP rights outshine competitors in economic performance

Companies owning intellectual property rights (IPRs) have, in general, 29% higher revenue per employee, about six times as many employees and pay wages that are up to 20% higher than firms which do not own IPRs. These are the main findings of a study carried out by the Office for Harmonization in the Internal Market […]

fees

Entitlement to reductions in PCT fees for applicants from certain countries

Revisions to the eligibility criteria for certain fee reductions were made during the 46th session of the Assembly of the PCT Union (PCT Assembly) which was held in September 2014. Slovenia was added, together with the PCT Contracting States of Cyprus, Greece, Malta, Portugal and Saudi Arabia, and the non-PCT Contracting States of the Bahamas, […]

EU Intellectual Property Action Plan

Modernising trademark registration – green light from Legal Affairs MEPs

Provisional deal on new trademark legislation, aiming to foster economic growth by modernising trademark registration and protection rules, was backed by the Parliament’s Legal Affairs Committee on Tuesday.  The deal, reached by the Parliament and the Council negotiators on 21 April, still needs to be endorsed by the full house as well as the Member […]

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