Category North America

New USPTO Rules Blocked; EU Views New Patent Litigation Proposal

By Dugie Standeford for Intellectual Property Watch
A US federal court in Virginia has temporarily blocked the US Patent and Trademark Office (USPTO) from implementing controversial new rules governing patent application continuations. The rules, set to come into effect on 1 November, sparked strong opposition from many patent attorneys who argued that capping the number of patent claims and continuing applications would harm inventors seeking to protect intellectual property rights in the fast-moving high-technology sector (IPW, Patent Policy, 10 September 2007).

Separately, Portugal, which holds the EU presidency, floated a revised proposal for a European patent litigation system. The draft, although seen by critics as much improved over earlier versions, leaves several key issues unresolved, said Kevin Mooney, a UK attorney with Simmons & Simmons and president of the European Patent Lawyers Association (EPLAW).

US Requests Second WTO Panel On China’s IP Protection

By David Cronin for Intellectual Property Watch The United States has decided to step up its challenge to China’s restrictions on copyright-protected books, music and films by asking the World Trade Organization to establish a dispute settlement panel. During June…

US Courts Swinging Toward Higher Threshold For Patentability

By Steven Seidenberg for Intellectual Property Watch
For years, the United States has appeared unusually generous towards patent applicants. The country has extended legal protection to many inventions, such as business methods, that typically are not patentable in Europe and other parts of the world.

Now, however, America appears to be back-pedalling. Two recent court rulings in the United States have significantly cut back on the types of inventions that can patented in the country. And these decisions may be just the beginning. More court-imposed restrictions may be coming soon, according to some experts.

Trademark Owners Take On Internet Search Engines

By Liza Porteus for Intellectual Property Watch
NEW YORK - Popular search engines like Google are proving to be formidable foes to trademark holders trying to maintain a strong grip on their property in keyword advertising on the Internet, experts said on 10 September.

There are numerous search engines people can use to look up information online, but Google is not only the most popular, it is also involved in a litany of lawsuits involving online ads and trademarks. So far, Google has prevailed in US courts, but has lost similar trademark cases in France.