Category IP Law

IP Owners Face Tough Legal Issues In United States In 2009

By Steven Seidenberg for Intellectual Property Watch
2009 could be a bad year for IP owners in the United States.

For patent owners, it may be particularly tough. The US courts are likely to continue their recent trend of cutting back on patent rights, according to many experts. The question is: what rights may be cut back and by how much?

Copyright and trademark owners in the United States face a different set of troubles. They are struggling to protect their rights in the digital world, and it is far from certain how they will fare.

US Appeals Court Hears High-Profile Case On USPTO Power Over Patent Rules

By Dugie Standeford for Intellectual Property Watch
Before a packed audience, the United States Court of Appeals for the Federal Circuit (CAFC) Friday tackled the highly controversial dispute between the US Patent and Trademark Office (USPTO) and much of the patent bar over rules capping the number of continuation requests and claims patent seekers can submit without incurring additional expenses and paperwork.

Egyptian Goddess Puts Teeth Back In US Industrial Design Rights

By Steven Seidenberg for Intellectual Property Watch
For the past two decades, industrial design rights have received little respect in the United States. But no longer.

The recent court ruling in Egyptian Goddess, Inc v Swisa, Inc has dramatically strengthened industrial design rights in the US, bringing the country's protections for these rights back into line with international standards, according to many experts.

Bilski Ruling Moves US Closer To Global Norms For Patenting

By Steven Seidenberg for Intellectual Property Watch
Compared with other countries, the United States has had a much more expansive view of what inventions can be patented. Late last week, however, the US took one big step closer to international norms.
It happened on 30 October, when the US Federal Circuit Court of Appeals - often called the country's "patent court" - issued its decision in In re Bilski.

US Judge: US Patent Law Destabilising; ‘Right To Patent’ Under Attack

By Liza Porteus Viana for Intellectual Property Watch
BOSTON - Patent law in the United States is in danger of becoming "highly destabilised" as well-funded competing interests try to vie for legislators' ears in Washington, a federal judge said Tuesday.

Speaking here to participants at the Harvard Law School Conference on Intellectual Property Law, the Hon. Paul R. Michel, chief circuit judge for the US Court of Appeals for the federal circuit, said such a disruption could have huge consequences for inventions, investment, property of individual companies, and economies.

All Eyes On Latest Qualcomm-Nokia Court Battle’s Impact On Patents And Licensing

By Tatum Anderson for Intellectual Property Watch
An important court case in the ongoing saga between two of the mobile industry's most influential technology firms begins next week.

The case is a crucial stage in the ongoing disagreement between the two equipment manufacturers - Finnish Nokia and US Qualcomm - that has become increasingly acrimonious over recent years and resulted in numerous patent infringement cases all over the world.

YouTube, eBay Decisions Raise Questions For US Copyright Law

By Drew Clark for Intellectual Property Watch
WASHINGTON, DC - Two recent court decisions against key United States internet companies - Google and eBay - are almost certain to reopen a long-standing truce between intellectual property rights-holders and website operators, over liability for the actions of users.

Attorneys: New USPTO Patent Appeals Rules Will Raise Costs, Accomplish Little

By Dugie Standeford for Intellectual Property Watch
New United States Patent and Trademark Office procedural rules governing ex parte appeals of rejected patent applications before the Board of Patent Appeals and Interferences (BPAI) have met with resistance from some patent attorneys, who argue they are unfair, unnecessary and will hurt smaller and foreign patent applicants. The USPTO said it adopted the rules, effective 10 December 2008, to streamline the handling of a growing number of such appeals.