Fellows & Associates Findings

This report presents data from a salary survey of the Intellectual Property profession which was collected between the 3rd of December 2013 and the 28th of February 2014. The online survey was accessible through a web link, which was promoted on the websites of Fellows and Associates, The Patent Lawyer and CIPA. In addition LinkedIn, Google+ and Twitter were utilised and a press…

G20 Innovation

Adynamic shift is occurring in the ever-evolving landscape of global innovation, and as a result, the future of the world economy is coming into focus. The meteoric rise of emerging markets, such as China and India, has become exceedingly evident on a worldwide scale. Accounting for roughly a third of the planet’s population, these two countries stand at the threshold of wealth-producing opportunities, and they are both making their inroads through innovation. Patent activity has long acted as a predictor of economic growth…

Celebrating 10 Years

PatBase – the global patent database – is celebrating its tenth anniversary in 2014. Developed and owned by Minesoft and RWS Group in partnership, PatBase provides access to tens of millions of patents records from around the world in a single, ever-growing online database. We take a look at how PatBase came about, how it has evolved over time and what it offers patent professionals today…

Parallel Proceedings

Multiple post-grant patent challenges are permitted under the current patent law as amended by the America Invents Act (AIA)– ex parte re examination (EPR), inter partes review (IPR), covered business method review, and post- grant review proceedings – which, under appropriate circumstances, may be pending before the US Patent & Trademark Office (USPTO) at the same time. To manage such multiple proceedings, the AIA grants the Patent Trial and Appeal Board (PTAB) discretionary jurisdiction to “stay, transfer, consolidate[e]…

A Fast Start?

All IP infringement court cases were heard by the so-called arbitrazh (commercial) courts or by courts of general jurisdiction, depending on whether there were individuals among the parties to the dispute or not. Registered IP validity cases, such as trademark invalidations, were heard at the Chamber of Patent Disputes of the Russian Patent and Trademark Office (PTO), as the administrative quasi-litigation procedure…

The Licensee’s Perspective

There are many template patent licenses available for a patentee to use when it wants to commercialize its patent. This is hardly surprising as it is frequently the licensor who prepares the initial draft of any patent license. The patent is its asset and it wants to control the rights which it is granting and any payment it is to get in return for such grant. If you are reviewing a draft patent license for the licensee, it is one thing to review the terms of the draft license which you have been…

Revealing Russia’s new court

It has been slightly more than 20 years since the breakup of the former Soviet Union and the subsequent creation of the new world legal regimes in Russia and the Commonwealth of Independent States (CIS) member countries. Since that time, Russia has implemented comprehensive intellectual property laws and established various courts, including the commercial court. Russia’s commercial court system is still in its infancy…

Bowman v Monsanto in an Australian context

Most will be aware by now of the recent US Supreme Court decision, Bowman v Monsanto Co.,569 US (2013). One question that remains is what would have been the outcome if like facts had arisen in Australia and were considered under Australian law? Australia is one of the world’s leading producers of agricultural commodities, and so this question is relevant – if Monsanto had Australian patent…

Additional Discovery Pt II

This is the second part of a two-part article exploring the US Patent Trial and Appeal Board’s (PTAB) treatment of motions for additional discovery during inter partes review (IPR) proceedings. Part one explained that PTAB applies a five-factor test developed in Garmin International, Inc. v Cuozzo Speed Technologies, LLC, IPR 2012-00001, Paper number 26, March 5, 2013. Those five factors are…

PPH – Much ado about nothing?

Many patent offices give applicants the opportunity to ask for simplified examination and grant by taking into account the examination results from other patent offices. Dr. Malte Köllner, Dennemeyer & Associates, and Dr. Markus Rieck, Fuchs Patentanwälte, explain such programs, what they mean and whether they make sense in practice.

Escaping the IP paper chase

Despite handling advanced technology matters on a daily basis, intellectual property professionals’ offices are, surprisingly often, still reliant on mountains of paper documents and antiquated manual filing systems. For many, especially with heavy workloads, moving away from this to a ‘paper-less’ or ‘paper-light’ IP office seems like a distant dream. However, an increasing number of corporations and law firms are now avoiding the traditional IP office paper chase and turning to electronic document management systems (DMS). In the process, they…