Information Filled Under 'The Business of IP' Category
BLOG: New USPTO stats tool reveals allowance rate is still below 50%, but on the rise Wednesday, September 8th, 2010
The USPTO is trialling a new tool that provides very easy to digest statistics relating to issues such as pendency, the backlog and quality. The Data Visualization Center uses a series of speedometer like graphics to provide information on: first office action pendency; traditional total pendency; the overall backlog; fiscal year production; actions per disposal; the number of examiners at the office; and allowance rates. USPTO boss David Kappos talks about it all on his Director’s Forum blog.
Excerpt from:
BLOG: New USPTO stats tool reveals allowance rate is still below 50%, but on the rise
The Federal Court of Appeal has confirmed a 2009 Federal Court ruling which held that a disclaimer cannot be used to broaden the scope of a patent and must necessarily result from a good-faith mistake, accident or inadvertence in the original patent specification. The decision contains vital guidance for the future use of disclaimers in Canada.
Read the original here:
REPORT: Patent disclaimers: use with caution
A recent measured decision of the German Federal Court of Justice has found that a European patent is not invalidated in Germany just because of omissions in translation. Instead, it held that an incomplete translation is equivalent to an erroneous translation and is therefore remediable at any point in the patent’s period of validity.
Here is the original post:
REPORT: German Federal Court of Justice reaffirms commonsense approach to patent translations
Benchmarking for patent attorney firms is tricky as it can be hard to find out just how well – or badly – your competitors are doing. That’s one of the reasons why Scotland’s Murgitroyd and Company is so interesting. As previously discussed on this blog it is, to my knowledge at least, pretty much unique in being a publicly listed company
See original here:
BLOG: Listed patent attorney firm reports profit increase despite slowdown in core markets
The LES is expecting over one thousand of the world’s leading intellectual property (IP), licensing and business development professionals a the upcoming Licensing Executives Society (USA & Canada), Inc., Annual Meeting at the Chicago Sheraton Hotel & Towers September 26-29.
See the original post here:
Licensing Executives Society Annual Meeting in Chicago: Sept. 26-29
Using the Paul Allen litigation as a hook, a piece entitled “Software patents hurt everyone, but especially SMBs”, written by PC World’s Katherine Noyes, rehashes a lot of the old arguments made against software patents.
Read the original here:
BLOG: Making the case for patents by making a case against them
In a globalised market it is essential to protect a celebrity’s name properly in each jurisdiction. However, in Canada, protecting a celebrity’s name can be a legal headache. This is why understanding the different types of protection available and using them in a timely manner is important.
Visit link:
REPORT: Living off fame: protecting a celebrity’s name as a trademark in Canada
The Mexican Trademark and Patent Office (IMPI) has made available the new edition of the Linkage Gazette. Regrettably, IMPI excluded formulation patents, disregarding the petition by the Pharmaceutical Association of R&D Companies and failing to follow Supreme Court jurisprudence.
More:
REPORT: New Linkage Gazette omits formulation patents
Hal Wegner has just broke the news that Arti Rai , Administrator for External Affairs, is leaving the PTO to an unspecificed position that has not been announced by the government. As Administrator for External Affairs, Rai served as a policy adviser to the Under Secretary of Commerce for Intellectual Property and oversaw the office’s work with Congress on major legislation to reform patent law and practice, coordinate informational and educational events on piracy and counterfeiting, and implementing international intellectual property treaties.
BLOG: German patent funds are still up and running – REVISED Thursday, August 26th, 2010Although IP Bewertung (IPB) has filed for bankruptcy, I understand that the patent funds it managed on behalf of Deutsche Bank are still operating and are now under the control of a Munich-based boutique called Clou Partners. This has been around for 10 years and specialises in intangibles. I am told that it was Clou that first came up with the idea for the funds and it received close to 3% of the €200 million that they raised.
View post:
BLOG: German patent funds are still up and running – REVISED
In negotiating licence agreements and mediating, arbitrating or litigating disputes involving them, the same types of provision seem to cause a disproportionate amount of the trouble. This article identifies a few such provisions and presents some ideas for avoiding them.
Follow this link:
REPORT: A few problems with licences and how to avoid them
Like all other assets, intellectual assets require proper care and maintenance. In the case of patents, there is more to this than just paying periodic renewal fees. Aside from managing the content of your patent portfolio to ensure that it has continuing relevance to your commercial strategy, you must also review your important patent assets to ensure that they remain valid and useful.
The rest is here:
REPORT: When did your patent portfolio last have a health check?
Last week I spoke with Gerard Pannekoek, the CEO of IP Exchange International, or IPXI. He told me how moves towards getting the exchange off the ground and open for trading are progressing. If he is right, it looks like we could, at last, be getting close to take-off.
View post:
BLOG: World’s first patent exchange inches towards launch; listees to be named next month
After the storm comes the bright blue sky. Following a few very tricky doom-laden years in which the global downturn has exacted a heavy toll on many in the IP legal profession, things could be changing – in the UK at least. That is, if Peter Fellows, managing director of the specialist private practice IP recruitment agency Fellows and Associates, is to be believed.
Visit link:
BLOG: Good news for the UK’s IP law service providers and perhaps for others too
Catching up on everything that has happened over the last three weeks it looks like the big story was the US Congress’s decision to allow the USPTO to spend an extra $129 million of the money it will raise during this financial year. President Obama signed the legislation into law on 10th August
See the original post here:
BLOG: USPTO gets extra funds as Tessera CEO shows what top class PR can achieve
After a couple of weeks dodging rain showers in the beautiful South West of England, I am back and the IAM blog is ready to roll into motion once more. To get things started, here are the top 10 blog stories for July: 30-Jul-10 Those innovation funds “having trouble” – IV responds UPDATED 22-Jul-10IAM Exclusive – David Kappos writes on the Patent Prosecution Highway 25-Jul-10 The copyright troll is born 26-Jul-10 Another deal that puts IV on the side of the angels – UPDATED 23-Jul-10 IP value creation at IBM and Microsoft – compare and contrast…
Originally posted here:
BLOG: The top 10 IAM blog stories from July
From Mobile Business Briefing : South Korea’s antitrust body has launched an extensive investigation into possible patent-related abuses by a range of local and foreign-owned IT and telecoms firms, the government said this week. According to a JoongAng Daily report, the investigation is the largest of its kind ever undertaken in the country. “With the increase in patent conflicts in the IT world, there are growing concerns about patent abuse,” the FTC said in a statement
Visit link:
South Korea Launches "Largest-Ever" Antitrust Probe on Patent Abuse
The Australian innovation patent has a number of real advantages when considering a holistic view of protection for an invention. In practice, these have led to innovation patents being extremely difficult to invalidate
See the rest here:
REPORT: The Australian innovation patent: the "perfect storm" loses a little wind?
CIPA’s Annual Congress, this year on 30 September and 1 October in London, takes a fresh look at IP policy, strategy, tactics and operations covering portfolio management, development of the patent system in Europe, discovery, IP business management, IP in China, IP in India, AdWords™, Domain name issues and trade marks and designs case law.
Read the original here:
EVENT: CIPA’s Annual Congress
Further provisions of the Copyright (Amendment) Ordinance 2007 recently came into force. They lay down a new business end-user criminal offence of regularly distributing or making with a view to distributing infringing copies of printed books, newspapers, magazines and periodicals which results in financial loss for the relevant copyright owners.
Read this article:
REPORT: New criminal offence regarding certain types of printed work
During the IP Business Congress in Munich last month we conducted a number of video interviews with speakers and delegates which are now available to view. The interviewees discuss their experiences of holding the Chief IP Officer role, or equivalent, and offer their advice to aspiring CIPOs looking to convince their boards of directors to sit up and take notice of the potential value of their intellectual property. The videos can be found on the new CIPO section of the IAM website – a unique portal designed for and about the people responsible for the creation, management and exploitation of corporate…
See the article here:
BLOG: Interviews with top CIPOs available to view
A world class speaking faculty of IP thought leaders debated with delegates from around the word at the third IP Business Congress, held this year in Munich. Creating value from IP and other intangible assets was the theme of the event, and what is abundantly clear is just how many possibilities there now are to do this for those willing to think creatively about what they own.
Read the rest here:
ARTICLE: Dateline Munich
The use of competitors’ names in keyword advertising is an emerging area of the law of trademarks and passing off, but has not received judicial consideration in Canada until now. The British Columbia Supreme Court recently considered the issue of confusion as it has been developed in trademark jurisprudence when deciding whether the use of such keywords constituted misleading advertising.
Read this article:
REPORT: Be wary of paid advertisements: keyword advertising in Canada
On 12th July, US President Barack Obama wrote to Nancy Pelosi, Speaker of the House of Representatives, requesting that she spearhead efforts to ensure additional funding for the US Patent and Trademark Office (USPTO).
Read more from the original source:
ARTICLE: Barack Obama’s powerful IP lesson for Europe
Recent decisions in the US and Europe concerning the patentability of software and business methods may have provided greater clarity, but they have not brought further harmony. This has significant implications for portfolio management strategies.
Here is the original post:
ARTICLE: Navigating the software and business method maze
The next issue of IAM will be out and ready to view online next week. One of the articles we are running is based on interviews done with chief IP officers at the recent IP Business Congress . Reporter Sara-Jayne Clover asked a number of the CIPOs who joined us in Munich to share their experiences of how they got their company boards to take a new look at IP as a value generator, rather than just as a cost
See the article here:
BLOG: IP value creation at IBM and Microsoft – compare and contrast
Below is a guest blog from David Kappos, Director of the USPTO, in which he explains why the office is embracing the Patent Prosecution Highway and why he believes it offers significant benefits to patent applicants. Fast Track Examination of Applications on the Patent Prosecution Highway Patent backlogs are a problem for every patent office in the world and reducing the duplication of work among patent offices is key to reducing patent pendency. Work sharing arrangements enable applications filed in multiple jurisdictions to be fast-tracked based on another office’s work product–such as allowances or search reports–while streamlining patent processing among…
Original post:
BLOG: IAM Exclusive – David Kappos writes on the Patent Prosecution Highway