On April 19, 2018, the U.S. Patent and Trademark Office released a Memorandum to the Patent Examining Corps regarding changes in examination procedure pertaining to subject matter eligibility in view of the Federal Circuit’s Berkheimer v. HP Inc. decision. Berkheimer held that when a claim is directed to an abstract idea, the question of whether … Continue Reading
On April 2, 2018, the U.S. Patent and Trademark Office released a memorandum to the Patent Examining Corps regarding recent subject matter eligibility decisions issued by the Federal Circuit. The memorandum discusses two recent decisions that found claims that improve computer technology are directed to patent-eligible subject matter rather than to an ineligible abstract idea. … Continue Reading
by Morag Peberdy and Christina Helden On 19 March 2013 the India’s Intellectual Property Appellate Board (IPAB) released its written judgment upholding the Controller of the Indian Patent Office’s decision to grant Natco Pharma Ltd a compulsory licence under Bayer A.G.’s patent for its anti-cancer drug Nexavar. Section 84(1)(a)–(c) of the Indian Patents Act 1970 … Continue Reading
A bill has been introduced in Congress that would permit prevailing defendants in patent infringement suits to recover litigation costs and attorneys’ fees. The Saving High-Tech Innovators from Egregious Legal Disputes (“SHIELD”) Act was introduced on February 27 by Congressmen Peter DeFazio (D-OR) and Jason Chaffetz (R-UT). The bill would provide for the award of … Continue Reading
After more than 40 years of discussions, the European Parliament today voted in favour of the “EU patent package,” hot on the heels of the European Council’s approval yesterday. The EU patent package will create a Unitary EU Patent i.e. a uniform patent which will have equal effect and will be granted, transferred and enforced … Continue Reading
Shortly before today’s vote in the European Parliament on the Unitary EU Patent , Advocate General Bot recommended that the Court of Justice of the European Union (“CJEU”) dismiss the actions brought by Spain and Italy objecting to the EU Patent package. The Spanish and Italians did not support the compromise that the rest of … Continue Reading
Last month, China’s State Intellectual Property Office released a draft regulation governing employment inventions for public comment. If implemented, the draft regulation would grant significant rights to employee inventors and would affect all companies conducting research and development in China. Notably, the draft regulation would limit the employer and employee’s freedom to contract out of the … Continue Reading
Although the number of patents filed in China has exploded in recent years, resulting in China becoming the world’s top patent filer in 2011, a new report from the European Union Chamber of Commerce in China (European Chamber) takes the position that “the overall strength of China’s actual innovation appears overhyped,” and that China’s policies … Continue Reading
