Original news and analysis on international IP policy
THE HAGUE, NETHERLANDS -- The number of blockchain inventions is mushrooming, and the European Patent Office wants to ensure it handles the increasing patent applications consistently, officials said at a 4 December conference that brought together around 350 patent examiners and practitioners.
NEW YORK -- United States intellectual property stakeholders from academic, business and legal backgrounds gathered recently to discuss how to increase public support to strengthen the intellectual property rights system in the US, in light of China’s steady rise in numbers of patent and trademark filings. US IP stakeholders argued that developing public awareness and understanding of IP is key to building this support, with some holding diverging views on how to go about this.
Initiative for Medicines, Access & Knowledge (I-MAK) released a new study yesterday showing that the rheumatoid arthritis drug Enbrel has been overpatented by drugmaker Amgen, which has filed a total of 57 patents on the drug in the United States. Together, these patents were said to delay market competition by 39 years, rather than the standard 20 years for one patent. The study found that this market exclusivity for Enbrel resulted in US$ 8 billion dollars in sales in 2017 alone.
World Health Organization Director General Tedros Adhanom Ghebreyesus (Dr Tedros) met with United Nations journalists today, in what he said would become a regular end-of-the-year meeting with the press. He gave an update on the ongoing Ebola outbreak and his views on the recent human gene editing by a Chinese researcher, and on the use of gene drive organisms to fight malaria. He also provided his views on access to affordable and safe medicines.
Global intellectual property filing numbers kept rising unabated in 2017, as China continued to pull the numbers upwards. The World Intellectual Property Indicators 2018, published today, also showed what the head of the World Intellectual Property Organization qualified as extraordinary growth in trademark applications. And he remarked on the increasing importance of intellectual property in the contemporary economy.
The World Intellectual Property Organization patent law committee meeting this week will convene two half-day conferences, one on cooperation between patent offices, and the other on publicly accessible databases on patent information on medicines and vaccines. Other topics for discussion will be patents and health, confidentiality of communications between patent applicants and their advisors, quality of patents, and the research exception.
They are called many things. Patent Assertion Entities (PAEs), Non-Practicing Entities (NPEs), Patent Trolls, and on occasion, names not suitable in polite company. They often are accused of harming innovation and the economy, while providing nothing useful in return. They, less often, are said to promote innovation, in part by helping small inventors monetize their discoveries. Two recent academic studies attempt to shed light on this dispute, but their findings seem contradictory – at least at first.
SHARM EL-SHEIKH, Egypt -- The co-chairs of a contact group working to find consensus language on a decision on genetic resources data issued a new draft this afternoon at the UN Convention on Biological Diversity meetings in Egypt.
Gene editing techniques have opened the way to a new world of innovations. One of them is the potential eradication of malaria-carrying mosquitoes. What appears as a very attractive way to help with malaria eradication is denounced by civil society groups arguing that the technology is in its infancy. Wiping out entire species could have unforeseen environmental, health, and social consequences, they say. They are calling for a moratorium preventing the release of gene drive organisms in the wild. They also describe the gene drive mosquitoes as a Trojan horse, hiding broader interests of agricultural multinational corporations.
Namrata Chadha, of K&S Partners, a Tier 1 Indian law firm, discusses various crucial aspects relating to patenting of selection inventions in India, especially in pharmaceuticals and chemicals. Summary: The patenting of selection inventions is not plain sailing in India. The patentability of such inventions must be determined in accordance with the general provisions of the Indian Patents Act, as there is no separate provision for the same in the Act. Of the said general provisions, the assessment of inventive step and testing under section 3(d) of the Indian Patents Act can be perceived as the most critical to patentability of selected novel species. Additionally, the concepts of ‘implicit disclosure’ and the contrasting views on ‘coverage vs disclosure’ frequently makes it challenging for applicants to defend their novel selection under the Indian scenario. Given the lack of enough precedents in India on this aspect, to date the fate of selection patents depends mostly on the judgement of the patent controllers. Not all hope is lost, however, since not only the Indian Patent Office, but also the IPAB and higher Courts have time-and-again acknowledged the existence of selection patents in India.
SHANGHAI, China -- The President of China, Xi Jinping, in a keynote address on 5 November to political and business leaders attending the opening of the first China International Import Expo (CIIE) in Shanghai sent a strong diplomatic signal that Beijing will push ahead with further opening up of the economy to more international competition. In a move to try and ease US-Sino tensions Xi also indicated China will take proactive steps to boost protection of intellectual property rights (IPRs), including harsher penalties against violators - a major grievance for the United States and the pivotal issue in the escalating trade war between the world's two largest economies.
NEW YORK – Major changes are coming to the makeup of the US Congress from the perspective of intellectual property policy, and while it may translate into more patent-friendly officials, the prospect for legislation is uneven, a panel of IP experts told a private sector conference here last week.