2013: how was it for you?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

2013: how was it for you?

Was 2013 a tough year for patent owners, or did it bring positive developments? And what does 2014 have in store?

scotus.jpg

According to IP Nav, a company which monetises clients’ IP portfolios, 2013 was “a tough year for patent owners”.

Exhibit number one, according to IP Nav’s blog post, was that “[US] Congress seems hell-bent on eroding the rights of patent owners”. Further evidence came in the form of attacks on IP by economists (which we commented on here) and proposed intervention by the US Supreme Court on fee awards and software patentability.

You might add that developments outside the US reinforce this argument, such as the Glivec decision in India and Commissioner Almunia’s comments about competition and patents in Europe.

However, I’m not sure all patent owners would agree with IP Nav’s analysis: some at least welcome the Congressional action; data suggests that inventors are still filing patents in record numbers, particularly in emerging markets in Asia; there were some significant damages awards; patent portfolios are still being traded; and there are signs that transparency is increasing. Many patent practitioners say they had their busiest, and most lucrative, years ever.

jorna-kerstin-400.jpg

The past 12 months also saw a number of developments that may or may not lead to good news for patent owners in the longer term, depending on what happens this year (and to some extent on your personal perspective). As well as the Innovation Act and its siblings in Congress, there is the EU Unitary Patent and UPC (discussed by European Commission official Kerstin Jorna (left) this week); plans to harmonise trade secrets protection in the EU; and the global PPH which launched this week.

What else can we expect in 2014? Some clarity about patent eligibility from the US Supreme Court in the Alice case would be welcome along with strong leadership, or indeed any leadership, at the USPTO. European practitioners would like to see more details about the UPC rules and the unitary patent costs while in China we will find out what Shen Changyu brings to the role of SIPO director. More generally, competition issues and particularly FRAND cases will get lots of attention and hopefully some resolution.

Here are two further predictions, though Managing IP accepts no responsibility if they turn out to be wrong: Apple and Samsung will settle their multi-jurisdiction dispute; and consolidation of IP practices, particularly in Europe, will accelerate.

How was your 2013 in patents? And what are your hopes and fears for 2014? Please send us your comments.

more from across site and SHARED ros bottom lb

More from across our site

Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
HG Law was formed largely by ex Fish & Neave lawyers who left after the latter's merger with Ropes & Gray; now those experiences are shaping its latest combination
Gift this article