Dramatic change in UK trademark policy; Australia eliminates obligation to disclose search reports There have been two interesting changes in foreign IP practice over the past month. Effective October 1, 2007, the UK Trade Marks Office changed its policy such that it will no longer raise objections to applications based on prior existing applications/registrations. Instead, it will be the policy to write to owners of earlier potentially conflicting […] Continue Reading →
More examination outsourcing by the USPTO? According to a news release published today, the USPTO is exploring the feasability of having the Swedish Patent and Registration Office (PRV) perform the search and examination of international applications filed under the PCT in the U.S. receiving office. In the release, the USPTO notes that it receives about 50,000 international applications and about 400,000 […] Continue Reading →
Tenth Circuit: First Amendment analysis required when public domain works “restored” to copyright In an important copyright decision posted today (but apparently filed yesterday), the Tenth Circuit addressed the First Amendment implications of the "restoration" of public domain works to copyright protection as a result of the Uruguay Round Agreement Act (URAA). The URAA implemented Article 18 of the Berne Convention, which brought works back under copyright that […] Continue Reading →
Patent Prosecution Highway pilot program opens between USPTO and UK Intellectual Property Office In a press release today, the USPTO announced an extension of its pilot Patent Prosecution Highway program to include the UK Intellectual Property Office. Under the program, an applicant who receives notice from either the USPTO or the UK IPO that at least one claim is allowable in its application may request expedited consideration of […] Continue Reading →
UK rejects proposal for 20 year copyright extension for sound recordings Yesterday the UK Department for Culture, Media & Sport issued a report rejecting a suggestion to push for an extension of copyright term in the EU for sound recordings of 20 additional years, from 50 to 70 years. Citing the Gowers Review of the UK's intellectual property framework, the report notes: [The Gowers Review] concluded […] Continue Reading →
Australia’s High Court weighs in on obviousness There is a good post over at the Patent Prospector about a decision by the High Court of Australia (the equivalent to the U.S. Supreme Court) regarding the issue of obviousness in patent law. One notable passage: as a basic premise, obviousness and inventiveness are antitheses and the question is always "is the step taken […] Continue Reading →
Initial thoughts on Microsoft v. AT&T, a.k.a. Deepsouth: the sequel In what could be termed a sequel to the Supreme Court's 1972 decision in Deepsouth Packing Co. v. Laitram Corp., the Court again found that if U.S. patent law is to extend its reach further into foreign acts, it must be Congress, not the courts, that extends it. The Court held that Microsoft's act of […] Continue Reading →
Today’s opinions in KSR v. Teleflex and Microsoft v. AT&T Click here for the opinion in KSR v. Teleflex. Click here for the opinion in Microsoft v. AT&T. More to come once we've had a chance to review the decisions. Continue Reading →
Supreme Court reverses both KSR and Microsoft As reported at SCOTUS Blog, the Supreme Court has today ruled in two cases, reversing decisions of the Federal Circuit. The first came in KSR v. Teleflex, where the Court has apparently ruled 9-0 that the Federal Circuit's view on obviousness is too narrow, reversing the decision that Teleflex's invention was nonobvious. Previous coverage of […] Continue Reading →
Compulsory patent licenses for AIDS drugs: the beginning of an international trend? The global concern over the spread of AIDS, particularly in developing countries, is prompting some countries to take action to make patented drugs more accessible to its citizens. Earlier this year, Thailand decided to "break," or require a compulsory license to, the patent for Efavirenz, marketed as Sustiva® and Stocrin®, patented by Merck (Orange Book […] Continue Reading →