Category North America

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.

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.