Category North America

IP Expertise Of Senior USPTO Official Challenged

By Steven Seidenberg for Intellectual Property Watch Amid complaints over patent quality and a rising backlog of applications at the United States Patent and Trademark Office (USPTO), the agency has been hit with a lawsuit alleging that its deputy director…

New USPTO Rules, Legal Decision Signal Changes For US Patent Practices

By Dugie Standeford for Intellectual Property Watch
New rules by the US Patent and Trademark Office (USPTO) governing the continuation of patent applications will wreak havoc in the biotechnology and high-tech sectors, according to some experts. The regulations, announced in August as part of a USPTO effort to boost patent quality, and effective on 1 November, are already being challenged in court.

In addition, US patent practice changes could arise from a 20 August judicial decision setting a new standard for determining when patent infringement is wilful or done knowingly.

Mobile, IT Industries Form Patent Pool-Style Scheme

By Tatum Anderson for Intellectual Property Watch Some of the biggest names in the mobile phone industry have joined forces to share intellectual property but have stopped short of establishing the mobile industry’s first patent cooperative, known as a patent…

US Patent Reform Advances But Outcome, Global Impact Uncertain

By Dugie Standeford for Intellectual Property Watch
Legislation for sweeping reform of the US patent system emerged from House and Senate committees last week. Among other changes, the bills would more closely align the US scheme with international patent practice, create an additional opportunity to challenge the validity of questionable patents, and limit damages in some infringement lawsuits. But the bills' future is unpredictable, observers say.

US Ruling Creates Uncertainty For Famous Foreign Trademarks

By Steve Seidenberg for Intellectual Property Watch
In a ruling that surprised many trademark experts in the United States, one of the country's most respected appellate courts recently cut back on the protection given to famous foreign trademarks. If such marks are well known in the US but are not registered or used in the country, they are unprotected by federal law, according to the Second Circuit Court of Appeals.