Category Venues

Everything Is Obvious

Ryan Abbott writes: For more than sixty years, “obviousness” has set the bar for patentability.  Under this standard, if a hypothetical “person having ordinary skill in the art” would find an invention obvious in light of existing relevant information, then the invention cannot be patented.  This skilled person is defined as a non-innovative worker with a limited knowledge-base.  The more creative and informed the skilled person, the more likely an invention will be considered obvious.  The standard has evolved since its introduction, and it is now on the verge of an evolutionary leap: Inventive machines are increasingly being used in research, and once the use of such machines becomes standard, the person skilled in the art should be a person using an inventive machine, or just an inventive machine.  Unlike the skilled person, the inventive machine is capable of innovation and considering the entire universe of prior art.  As inventive machines continue to improve, this will increasingly raise the bar to patentability, eventually rendering innovative activities obvious.  The end of obviousness means the end of patents, at least as they are now.

South Africa Moves Forward With Creator Rights Agenda

Prof. Sean Flynn writes: The South Africa National Council of Provinces has cleared the Copyright Amendment Bill for a final vote. The bill would adopt an innovative fair use right as well as new rights of creators to receive royalties, partially own commissioned works, protect works through technological protections (with exceptions for fair use), establish of a tribunal for lower cost enforcement and regulate collective management companies. It establishes what is being referred to as a creator rights model for copyright reform including rights to create, own and earn.

EU Agrees To Accede To Controversial WIPO Agreement Raising GI Protection

European Union member states today agreed to accede to an agreement negotiated under the World Intellectual Property Organization that raises protections for geographical indications, products whose names derive from a particular regions with certain characteristics. Joining the so-called Geneva Act establishes a GI register for agricultural and non-agricultural products and appears to have the effect of requiring EU members to protect registered GIs of other members.