Category Perspectives on the US

After Court Ruling, US Still In Disarray On Software Patents

What inventions are eligible for patent protection? That question has roiled the US legal system for the last decade. But the Federal Circuit Court of Appeals (often called the nation’s patent court) was supposedly riding to the rescue. The court’s eagerly-awaited en banc decision in CLS Bank Int’l v. Alice Corp. [pdf] was widely expected to clarify the patentability of computer-related inventions, which play a vital role in the US economy. Unfortunately, instead of clarifying the law, the court’s 10 May ruling increased the confusion, casting doubt on more than 300,000 patents - including one-fifth of all patents issued last year.

US Supreme Court May Invalidate Gene Patents, But Create Little Change

Prior to 15 April, most experts had expected the United States Supreme Court to rule in Association for Molecular Pathology v. Myriad Genetics that genes cannot be patented. The oral argument on that date strengthened this consensus opinion, but also suggested that the court would issue a narrow decision which would allow many types of gene-related patents. Should this happen, the US would move significantly closer to other countries’ rules for gene patents, but the US would continue to have problems limiting patent rights in order to protect the public interest.

US Perspectives: US Tries Gentler Copyright Enforcement

On 25 February, the US opened a new front in its war against online copyright infringement. Five of the nation’s biggest internet service providers (ISPs) joined with the movie and music industries to launch the Copyright Alert System, a new means of attacking unauthorised file-sharing. This ISP-based enforcement system is similar to efforts in at least seven other industrialised countries. Some of these efforts have apparently slashed unauthorised file-sharing, which suggests the US system will be similarly successful. It is unclear, however, if the US system (or any of the other countries’ systems) will succeed in their ultimate goal - boosting revenues for the movie and music industries.

Patent Outsourcing May Harm US Economy

It has become routine for companies to outsource many business functions. Human resources, customer service, accounting, manufacturing of components - all have been outsourced. Now, however, a growing number of US businesses are outsourcing something new: patent licensing. And this outsourcing may hurt both the US economy and its patent system.

After A Tough 2012, IP Owners In US Face An Uncertain 2013

Intellectual property owners in the United States may be happy to see the end of 2012. Among the notable setbacks they suffered last year: Congress refused to expand remedies against online infringement, the Supreme Court raised the bar for patentable inventions, and lower courts repeatedly denied injunctions against patent infringement. It is unclear, however, if IP owners will fare better in 2013.

US Supreme Court Poised To Rule Human Genes Are Not Patentable

For decades, the United States has pioneered the patenting of human genes, and other countries have followed this lead. But the US will soon perform an abrupt about-face, most experts predict. When the US Supreme Court hands down its decision in Association for Molecular Pathology v. Myriad Genetics, the justices appear likely to rule that human genes are not patentable subject matter. And the ruling may go even farther, holding that other forms of human DNA are not patentable.

Overseas Manufacturing Creates Copyright Dilemma For US Supreme Court

Kirtsaeng v. John Wiley & Sons presents the United States Supreme Court with a stark and weighty choice. In the 29 October oral argument [pdf], Supap Kirtsaeng urged the court to uphold purchasers’ right to freely dispose of copyrighted works they have purchased, even when those works are made overseas. If this right is struck down, Kirtsaeng warned, museums in the US may be unable to borrow works of art created overseas, consumers may be unable to sell their used books and CDs, and many companies engaged in secondary markets, such as eBay and used car dealers, may be put out of business.

New USPTO Post-Grant Review A Small Step For Patent Harmonisation

On 16 September, the United States made its patent system more like everyone else’s. The country began implementing a new patent office procedure for challenging the validity of recently issued patents. This was, however, only a modest step towards harmonisation because the US version of post-grant patent review has little in common with the corresponding processes available in other countries, according to experts.

US And UN Consider New Limits On Patent Wars

The patent wars have produced many casualties around the world. Companies that make and sell smartphones and tablet computers, courts, consumers and the economy - all have suffered, according to many experts.

“I couldn’t come up with a worse system” for handling patent disputes, said Erich Spangenberg, chairman of IP Navigation Group, a consultancy. But significant reforms may be on the way, thanks to the US government and a United Nations agency.

Innovation And The Law: Some Lessons From The Patent Wars

They’ve been at each other’s throats for three years, and there’s no end in sight. Over two dozen businesses involved with smartphones and tablet computers are suing one another for patent infringement in numerous lawsuits around the world. These patent wars have cost the companies billions of dollars, clogged the courts, and prevented consumers from buying some devices they want with features they prefer. Is this really the best way to promote innovation and competition?