Saturday, 30 September 2017

VPATAPP Alert: #LetsTalkIP : Scottish Parliament helps paves way for new pan EU Unitary Patent Court

https://www.lexology.com/library/detail.aspx?g=c66bfc12-b183-45d1-9909-ca0decf30825

The first ever truly pan EU patent system, the new Unitary Patent Court (‘the UPC’), is one step closer to becoming a reality as a result of the Scottish Parliament Justice Committee deciding to approve an Order today.

Thursday, 28 September 2017

VPATAPP Alert: #LetsTalkIP : The US Federal Circuit Provides a Tutorial on Patent Venue

https://www.lexology.com/library/detail.aspx?g=3299f6ab-7c09-48b0-8071-4e3f3e47981e

The Federal Circuit in In re Cray, Inc., Appeal No. 2017-129 (Fed. Cir. Sept. 21, 2017), has provided extensive guidance to district courts on the meaning of an alleged infringer’s “regular and established place of business” under the second prong of the patent venue statute, 28 U.S.C. § 1400(b). It granted a petition for a writ of mandamus to do so in order to carry out its mandate to bring uniformity to patent law. Slip op. at 6-7 (citing Panduit Corp. v. All States Plastic Mfg. Co., 744 F.2d 1564, 1574 (Fed. Cir. 1984); In re Queen’s Univ. at Kingston, 820 F.3d 1287, 1291 (Fed. Cir. 2016)).

Tuesday, 19 September 2017

VPATAPP Alert: #LetsTalkIP : The Most Interesting Man in the Patent World Fights to Improve America’s Patent System

http://www.ipwatchdog.com/2017/09/19/most-interesting-man-patent-world/id=87983/



The Most Interesting Man in the Patent World Fights to Improve America’s Patent System.

Former CAFC Judge Randall Rader

Wednesday, 13 September 2017

VPATAPP Alert: #LetsTalkIP : The Unified Patent Court: Introduction and expected launch

https://www.lexology.com/library/detail.aspx?g=aaa7f711-42a9-4e62-942c-9d9f57c53f6b

The introduction of a new system for making patent protection across Europe easier, more transparent and more effective has been in the pipeline for years. The new Unitary Patent system introduces the most significant changes to European patent law in 40 years including setting up a supranational common court in the form of the new Unified Patent Court (UPC).

By Accura Advokatpartnerselskab - Morten Bruus 


Tuesday, 12 September 2017

VPATAPP Alert: #LetsTalkIP : Patenting Computer Implemented Inventions in Europe

Grant Philpott, who is the Chief Operating Officer for patenting in the new Information and Communications Technologies technical area at the European Patent Office (EPO). Philpott has responsibility for approximately 2,000 highly qualified patent examiners, managers and administrative staff, and finds himself at the epicenter of what we in the United States would generically refer to as software patents. 

Exclusive from IPWatchdog:
http://www.ipwatchdog.com/2017/09/12/grant-philpott-patenting-computer-implemented-inventions-europe/id=87865/


Sunday, 10 September 2017

VPATAPP Alert: #LetsTalkIP : No more easy patents in South Africa


The new draft of the intellectual property (IP) policy, released by the department of trade and industry, paves the way to end the country’s “extraordinarily and unjustly high” rate of granting patents. The policy was published in the Government Gazette two weeks ago for comment, and has been welcomed by activists and academic experts in the field.








Thursday, 7 September 2017

VPATAPP Alert_#LetsTalkIP : USA restricts the possibility of patenting diagnostic methods.


A US District Court decision of 4 August 2017 reduced the chances of patenting diagnostic methods. This decision illustrates well the challenges of applying for a patent on medical devices for diagnostic methods in the USA and EU.

The chances of obtaining patent on diagnostic methods lost ground yet again when a US District Court rendered its decision on 4 August 2017 in the lawsuit between the pharmaceutical company Athena Diagnostics inc. (Athena) and the laboratory testing company Mayo Medical Laboratories (Mayo).

Under the patent legislation of most countries, it is not possible to obtain a patent on certain inventions, such as inventions merely constituting an abstract concept, a mathematical method or a discovery. In Denmark, a “discovery” is defined as the recognition of something that already occurs in nature, even if it has not yet been described by anybody. The USA is among the few countries in the world in which diagnostic methods are not per se exempted from forming the basis of a patent application.

Tuesday, 5 September 2017

VPATAPP Alert_IIPRD's 3-Days International Symposium On PHARMACEUTICAL, BIOTECHNOLOGY & CHEMICAL PATENT LAWS

KHURANA AND KHURANA, ADVOCATES & IP ATTORNEYS

SUGHRUE MION, PLLC, USA

HAMM & WITTKOPP PATENTANWALTE, Germany

SAKAMOTO AND PARTNERS, Japan

MURTA GOYANES,Brazil

Present

Three-Days International Symposium

On

PHARMACEUTICAL, BIOTECHNOLOGY & CHEMICAL PATENT LAWS

25-27’th September 2017 at Hotel Hilton, (Andheri East) Mumbai 27-29’th September 2017 at Stellar Gymkhana, (Delhi NCR) Greater Noida.


Monday, 4 September 2017

VPATAPP Alert: #LetsTalkIP_Transactions in IP: an incoherent, statutory mess


About the UK legislation in the field of IP transactions.

IP Draughts comes back to a topic that is of interest to only a few: the patchy, incoherent, incomplete, unthoughtful mess of UK legislation in the field of IP transactions.


VPATAPP Alert_Australia’s best method requirement bares its teeth again!

By Shelston IP Pty Ltd.


In Kineta, Inc. [2017] APO 45 (31 August 2017), the Patent Office has followed the Full Court’s decision and rejected an application for failure to disclose the best method of performing the invention. Given the facts of the case, a single sentence included in the specification would have satisfied the best method requirement. Accordingly, it is crucial that attorneys, when drafting specifications intended for prosecution in Australia, understand Australia’s best method requirements.

https://www.lexology.com/library/detail.aspx?g=3a5adf96-82eb-4b8b-9acf-9275462fc9cd



Saturday, 2 September 2017

VPATAPP Alert_UPC Agreement ratified by Lithuania

https://www.lexology.com/library/detail.aspx?g=f153e349-1d92-4627-aba9-5513e1318a45

On Thursday 24 August, the secretariat of the EU Council in Brussels recorded Lithuania as becoming the 14th member state to ratify the Unified Patent Court (UPC) Agreement.
Ratification of the Agreement by the UK and Germany is still required before the Unitary Patent Package can come into effect.


Friday, 1 September 2017

VPATAPP Alert_Stronger Patents Act: 5 Significant Proposed Changes to Inter Partes Reviews in USA

http://www.jdsupra.com/legalnews/stronger-patents-act-5-significant-59842/

Recently, Senator Christopher Coons (D-Del) introduced the STRONGER Patents Act of 2017. So far, this is the only legislation introduced in this Congress addressing any sort of patent reform. The proposal would significantly change inter partes review proceedings before the Patent and Trademark Appeal Board (“PTAB”).