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Native Tribes Can’t Shield Patents From USPTO Review

The strategy was breathtaking in its boldness. Just days before the USPTO was to hear a challenge to Allergan Inc.’s patents on a dry-eye drug, Restasis, the company transferred those patents to a Native American tribe; the tribe then sought to dismiss the USPTO proceedings by asserting sovereign immunity. Following this action, a number of other patentees made similar transfers to Native tribes, in order to protect their patents. More patentees were poised to do so, should this ploy prove effective. It, however, did not. On 20 July, the Federal Circuit Court of Appeals ruled the tribe’s sovereign immunity did not protect its patents from USPTO review. The ruling thus kept intact a key component of America’s patent system.

Dangers Of Means Plus Function Limitations In US Patent Prosecution

Broad patent protection is one of the goals when securing patent protection for inventions (i.e., new products and services). However, issues start to arise when the claim language becomes too broad. For example, broad claims might be construed as a means plus function limitation against the intentions of the patent prosecutor, and in some cases, those patents are invalidated as being indefinite. At least, this is the case with US patent prosecution. The patent laws of other jurisdictions treat means plus function style of claiming differently, and in my experience, less detrimental to the validity of the patent, writes James Yang.

WIPO Looks At Importance Of Standards Documents, Collaboration Of IP Offices And Standards Organisations

Common standards are essential for technologies, particularly for interoperability. However, a number of technologies essential to standards are patented, which has created issues relating to licensing or high royalties. Last week, the World Intellectual Property Organization organised an information session on patents and standards, including aspects of patent quality, issues relating to international trade, and the role of the organisation in facilitating the relationship between patents and standards.

Global Innovation Divide: Can Investment In Innovation Bridge The Gap?

The Global Innovation Index 2018, launched on 10 July in New York, has lauded the rise of China as a model for how other low and middle-income economies can advance on innovation. Amid this optimism, however, the global innovation divide remains in step with the global income divide, raising questions for how to bridge this gap. The new index shows signs of progress.

Albania Introduces New Trademark Regulation

A new trademark regulation entered into force in Albania on June 7, 2018, clarifying a range of issues raised by the changes to the Albanian Industrial Property Law in force as of March 24, 2017. Some of the most significant changes and clarifications concern the following:

Outcome Of ITU Global Regulators Symposium: Interview With Brahima Sanou

Heads of national information and telecommunications regulatory authorities gathered in Geneva for an annual symposium, and agreed on global best practice guidelines for the new digital ecosystem. After the meeting, Brahima Sanou, head of the UN International Telecommunication Union Development Bureau answered Intellectual Property Watch on the outcome of the meeting, and topics such as privacy and the digital divide.