Category Subscribers

USPTO Patent Reexamination Process Is Flawed, Think Tank Says

By Dugie Standeford for Intellectual Property Watch
A United States Patent and Trademark Office procedure for third-party patent challenges is in turmoil and needs rethinking, an investigation by an independent think tank has found. Though few in number so far, inter partes reexaminations are increasingly used in conjunction with, rather than as an intended replacement for, patent infringement litigation. On top of that, the USPTO is taking years to resolve the cases, leaving business plans in disarray.

The USPTO said it is working to cut delays in the system.

Latest Available Text Of The CBD Decision On Access And Benefit-Sharing

Note: the final decisions of convention on biological diversity governing body are available here.

A decision on a way forward on a global access and benefit-sharing regime was reached at a meeting of the parties to the Convention on Biological Diversity from 19 to 30 May in Bonn.

The main body of the document describes steps needed to reach international consensus on the content of such a regime. Annex I of the document sets out a draft text for the international regime, and annex II contains terms of reference for expert technical and legal groups whose creation is mandated by the main text.

UNCITRAL Lays Groundwork For Policy On IP Assets And Financing

By Liza Porteus Viana for Intellectual Property Watch
NEW YORK - The groundwork has been laid at the United Nations by governments, non-governmental organisations, and intellectual property and finance experts on how to use intellectual property assets to encourage credit around the globe while not interfering with intellectual property laws.

International ‘Making Available’ Right Becoming Less Available In US Law

By Steven Seidenberg for Intellectual Property Watch
The United States can't make up its mind. On one hand, the country has signed at least nine international agreements that explicitly provide a new digital right for copyright owners: the exclusive right to make their works electronically available to the public. On the other hand, the US courts are uncertain whether this "making available" right exists under US law.

US courts have split over this issue, with some recognising the right and others rejecting it. But a new trend may be emerging. In the last four months, four US federal district courts have ruled that "making available" is not a right recognised by US copyright law.

UNCITRAL Begins Debate On Harmonising Secured Financing, IP Laws

By Liza Porteus Viana for Intellectual Property Watch
NEW YORK - A United Nations group on Monday began debate on a publication aimed at helping the world's governments harmonise their secured financing and intellectual property laws.

The UN Commission on International Trade Law (UNCITRAL) Working Group VI is meeting in New York this week to hammer out differences various parties have on issues including transfer of intellectual property rights, creation of a security right, registries, and intellectual property rights related to tangible assets when those rights are used as collateral to secure credit.

High US Court Reconsiders Policy Of Patenting Business Methods

By Drew Clark for Intellectual Property Watch
WASHINGTON, DC - The chief US appeals court that rules on patent disputes has squarely reconsidered whether the United States' 1998 decision to allow greater berth for business method patents was the right intellectual property policy.

Adding heft to the position of changing course on business method patents was the US Patent and Trademark Office, which challenged a patent application on a method for financial hedging by inventors Bernard Bilski and Rand Warsaw.

The USPTO urged the court to reject the patent as ineligible subject matter. It offered a standard for invalidating the patent that demonstrated a dramatic change of course for the US government over the past 10 years.

Suspending TRIPS Obligations: A Rising Alternative For WTO Retaliation

By Catherine Saez
Retaliating against a country found in violation of World Trade Organization rules by sanctioning the country's activities in an unrelated trade sector may be a more effective alternative for developing countries than retaliating under the sector of the violation, especially when such cross-retaliation involves WTO rules on intellectual property rights, an expert told a panel this week.