Who is on the IP naughty list this year?

Every year the Office of the U.S. Trade Representative (USTR) releases two lists of countries that have concerns surrounding their intellectual property (IP) laws and enforcement and may provide insight if considering filing an application in a certain country. These two lists are the Special 301 Report and the Notorious Markets List, available here. The […]

Deposit of biological material and the differing national laws

By Brian D. Keppler, Ph.D.

For patent applications in the biotechnology area, a biological material is sometimes essential for carrying out the invention. The biological material can be any material capable of reproducing itself or being reproduced in a biological system, including bacteria, fungi, algae, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, and plant seeds. If the biological material cannot […]

Roll Call: Are all Inventors Accounted for in a Foreign Filing with the EPO?

By Blog Staff

Earlier this month, the European Patent Office (“EPO”) explained why it upheld a decision revoking a patent applied for by Broad Institute of Massachusetts Institute of Technology (MIT) and Harvard (“Broad Institute”) related to CRISPR gene editing. In particular, the decision cited a lack of novelty due to an invalid claim to priority—for inadvertently failing […]

IP Post-Brexit: What Does the “FEUture” hold?

By Julie L. Spieker

On December 12, the United Kingdom (UK) will hold a general election, in which Prime Minister Boris Johnson hopes to secure a clear majority so as not to lose the prospect of Brexit after failing to leave the European Union (EU) by the end of October as previously promised. Currently, Johnson enjoys a healthy lead […]

Meet DABUS: An Artificial Intelligence Machine Hoping to Maintain Two Patent Applications in its own Name

By Blog Staff

Three patent offices face questions stemming from the growing implications of artificial intelligence (AI) disrupting the intellectual property legal framework. The United States Patent Office (USPTO), European Patent Office (EPO), and United Kingdom Intellectual Property Office (UKIPO) recently received two patent application filings directed to a beverage container and a flashing device used for attracting […]

The European Patent Office Board holds a rule can no longer be used to Reject Plant and Animal Breeding Inventions

The European Technical board of Appeal during an oral hearing December 5th decided a rule that had been used to reject plant and animal breeding claims is in conflict with a European Patent Convention (EPC) Article, with the result of reversing the impact of the rule in preventing patenting of such claims. With this decision, it […]

Autel Robotics Co. Escalates Dispute with Largest Manufacturer of Hobbyist and Commercial Drones, SZ DJI Technology Co. (of China)

By Gregory Lars Gunnerson

SZ DJI Technology Co. could lose access to the U.S. market in a patent-infringement lawsuit with Autel Robotics Co. where Autel asserts SZ DJI infringes U.S. Patent Nos.7,979,174 and 9,260,184, which cover rotor attachment and speed changes, and SZ DJI asserts Autel infringes at least U.S. Patent Nos.9,016,617; 9,284,049; 9,321,530; D691,514;9,284,040 and 9,592,744, which cover […]

Trademarks in China

Apple recently lost what may turn out to be a significant trademark infringement case in China. Apple, having a registration for the mark “IPHONE”in international class (IC) 9, opposed Xintong Tiandi Technology (Beijing) Co., Ltd.’s trademark application for the mark “IPHONE”in IC 18 covering leather goods, including cell phone cases. Apple argued that the IPHONE […]

Avoiding Pitfalls in European filings Subsequent to Filing a United States Patent Application

When filing a European patent application subsequent to a United States patent application, via Patent Cooperation Treaty (PCT) or otherwise, it is essential to draft the claims (and preferably the written description) with an eye to, and a working knowledge of, the intricacies of European Patent Laws. Merely appending foreign filing documents to a copy […]

Australian High Court Rules Isolated Genes Unpatentable

Whether or not genes are patent-eligible subject matter has been a much-discussed issue over the last several years. The 2013 decision by the U.S. Supreme Court in Ass’n for Molecular Pathology v. Myriad Genetics, Inc. established that that isolated DNA is a product of nature and therefore not patent eligible under Section 101 of Title […]