Monday, 31 July 2017

VPATAPP Alert_The Unitary Patent system is currently expected to start in Q1 of 2018

http://www.lexology.com/library/detail.aspx?g=503c7836-d755-4d8d-af10-0743550f054f


There are currently 28 countries in the European Union. However, Spain, Poland, and Croatia have refused to take part. The 25 Member States who have signed the Unitary Patent Court Agreement (UPCA) are:
AustriaBelgiumBulgariaCyprusCzech Republic
DenmarkEstoniaFinlandFranceGermany
GreeceHungaryIrelandItalyLatvia
LithuaniaLuxembourgMaltaNetherlandsPortugal
RomaniaSlovakiaSloveniaSwedenUnited Kingdom




Saturday, 29 July 2017

VPATAPP Alert_Most Frequently Asked Questions about Patent Litigation in China

http://www.lexology.com/library/detail.aspx?g=a1c58868-057b-4156-aa63-36c15a61137a

China Law Insight

The Chinese patent litigation market is currently booming, with one key driver behind this boom being that many foreign entities and multinational companies are now pursuing enforcement of their patents in China because of a perception that the Chinese government has created an increasingly attractive environment for patent enforcement, as symbolized by, among others steps taken, the recent establishment of specialized IP Courts in Beijing, Shanghai and Guangzhou. These entities/companies, though increasingly enthusiastic and optimistic about patent enforcement in China, are generally not familiar with the Chinese legal system and may have concerns about local protectionism and uneven application of the law. In this article, I would like to share a list of those questions most frequently asked by our clients in relation to patent litigation in China, and provide some basic and preliminary answers thereto.



Thursday, 27 July 2017

VPATAPP Alert_USPTO Report on Patent Eligible Subject Matter

http://www.jdsupra.com/legalnews/uspto-report-on-patent-eligible-subject-82415/

The report is based on "Views and Recommendations From the Public"

Tuesday, 25 July 2017

VPATAPP Alert_INTERNATIONAL IP SKILLS SUMMIT (IIPSS) & STARTUP AND INVENTORS FEST (SIF), 2017

ABOUT INTERNATIONAL IP SKILLS SUMMIT (IIPSS):
International IP Skills Summit (IIPSS) is a unique opportunity of its kind to exchange ideas, learn best practices, debate on recent intellectual property issues and their impact on the industry, build industry awareness and network with various stakeholders.

STARTUPS & INVENTORS FEST 2017 (SIF):
IIPSS Startup and Inventors Fest (SIF) is a unique platform for startups to grow faster by leveraging their intellectual assets. SIF will attract inventors, young innovators, aspiring entrepreneurs and experts in marketing, legal, product development, financial, and intellectual property from different industries / verticals. SIF will provide an opportune experience to network, learn from the experience & knowledge of experts and explore funding resources from Institutional investors, Venture capital fund, and Strategic investors through the program. 

Venue:             7th-8th SEPTEMBER 2017, HOTEL SHANGRI-LA, BENGALURU.

Source:            http://ipskillssummit.com/index.php









Saturday, 22 July 2017

VPATAPP Alert_Extending the Unified Patent Court beyond the EU?

http://www.lexology.com/library/detail.aspx?g=7ef8cca7-6651-4463-9499-177f28887124

Originally published in the Law society gazette, the article by Ashfords LLP analyzes the possibility of extending the unified patent court beyond the EUropean especially in a post-Brexit era.

Friday, 21 July 2017

Wednesday, 19 July 2017

VPATAPP Alert_Are State-Owned Patents Immune From IPRs Under The Eleventh Amendment?

http://www.lexology.com/library/detail.aspx?g=77c9405f-7e17-4bd3-9800-cdab2438cdc4


In separate non-precedential decisions issued by three different panels, the PTAB has permitted state university patent owners to invoke the Eleventh Amendment in Inter Partes Review proceedings. Each panel found that IPR proceedings are subject to a sovereign immunity defense, but one panel permitted the IPR to proceed with only the non-university patent owner.



Tuesday, 18 July 2017

VPATAPP Alert_When is an the inherent, but unexpected result obvious?

https://patentlyo.com/patent/2017/07/inherent-unexpected-obvious.html

Millennium Pharma v. Sandoz (Federal Circuit 2017)
Inherency and obviousness

Sunday, 16 July 2017

VPATAPP Alert_The STRONGER Patents Act: Swinging the Pendulum in Favor of Patent Owners

USA Updates:

http://www.jdsupra.com/legalnews/the-stronger-patents-act-swinging-the-36956/

On June 21, 2017, a bipartisan group of Senators led by Chris Coons (D-Del.) introduced the STRONGER Patents Act.1  The Act seeks to legislatively overrule several recent U.S. Supreme Court decisions and to change key components of the Leahy-Smith America Invents Act of 2011 (AIA).  

Monday, 10 July 2017

VPATAPP Alert_Promises Not Kept: Supreme Court of Canada Abandons Promise Doctrine

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2997616

Determining a patent’s usefulness under section 2 of Canada’s Patent Act.

Friday, 7 July 2017

VPATAPP Alert_The Pendency of Brazilian Patent Application and What You Can Do About It

http://iptango.blogspot.in/2017/07/the-pendency-of-brazilian-patent.html

1. Expedited Examination for Infringed Claims
2. Expedited Examination for Patents Needed for Financing
3. Senior Status or Illness
4. Green Technology
5. Oil and Gas - PPH-BrPTO-USPTO pilot program
6. IT and Telecommunications and other akin technologies - PPH BrPTO-JPO pilot program.

Thursday, 6 July 2017

VPATAPP Alert_Global Patent Prosecution Highway (GPPH) now available in New Zealand

http://www.jdsupra.com/legalnews/global-patent-prosecution-highway-gpph-86804/



The Intellectual Property Office of New Zealand (IPONZ) has announced another change with their adoption of the Global Patent Prosecution Highway (GPPH). The GPPH provides a means to expedite examination in New Zealand on the basis that another application that corresponds to the New Zealand application ('Corresponding Application') has been allowed in another jurisdiction.


VPATAPP Alert_Patent Owner Statements in IPR Proceedings Limit Claim Scope

http://www.lexology.com/library/detail.aspx?g=9e763799-33b9-4905-a08c-2dde04ed73c0

In Aylus Networks, Inc. v. Apple Inc. (Fed. Cir. No. 2016-1599, May 11, 2017), the Federal Circuit held that statements made by a patent owner during an IPR proceeding, whether before or after an institution decision, can be considered for claim construction and relied upon to support a finding of prosecution disclaimer.



Tuesday, 4 July 2017

VPATAPP Alert_Ruling expands legal remedies available in patent infringement litigation in Germany, says expert

A new ruling by the German Federal Supreme Court (BGH) has broadened the scope of legal remedies available in patent infringement litigation in the country, an expert in intellectual property (IP) law has said.
https://www.out-law.com/en/articles/2017/july/ruling-expands-legal-remedies-available-in-patent-infringement-litigation-in-germany-says-expert/

According to the BGH's new ruling, businesses based outside of Germany that supply a product to customers also based outside of the country can be held liable for patent infringement in Germany if a German national patent or German-designated European patent applies, even if the supplier does not deliver or market the goods in Germany itself.



Monday, 3 July 2017

VPATAPP Alert_Intellectual Property Festival 2017

http://ipfest.in/

The first of its kind
IP Fest.

WHAT IS IP FEST?

An initiative under the Intellectual Property Protection Organisation, the Intellectual Property Fest is the first and one-of-its-kind celebration of the genre of intellectual property. The purpose is to generate a much needed awareness in the subject of IP. We bring the power houses of this field to share their knowledge and experience to the audience who can apply in their own fields. It is a form to celebrate and acknowledge the contribution of the individuals / firms in this industry.

WHY IP DESERVES A CELEBRATION

Every discovery and innovation transforms the very nature of our world and pushes us to achieve more. Protecting the innovators enables them to continue on the path of innovation and inspire others to do the same.
The aim is to acknowledge the vital role played by these innovators in fostering today’s vibrant IP environment and ensuring its continued health, but also to show how central intellectual property is to the global economy and to the wellbeing of people around the world.