Havana Nocturne: greetings from Cuba… and Uruguay

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

Havana Nocturne: greetings from Cuba… and Uruguay

lewis-aipla.jpg

As part of my yearlong Presidency, I will be traveling on behalf of AIPLA to promote IP in America and American IP interests around the world.

aiplalogospelled.jpg

lewisjeff200.jpg

pbwt-stack-2line-280.jpg

I am currently on my first international trip, leading an AIPLA delegation to Cuba, after which I will be going directly to Uruguay for a meeting of the South American IP association ( ASIPI).

Since I don't know very much about the 20th Century history of Cuba, I recently read the book "Havana Nocturne" by T.J. English. The book was recommended to me by Past President Bill Rooklidge – although I originally wrote down the name incorrectly and could not find it until a helpful book store employee directed me to the true crimes section.

The book deals with the history of the mob’s involvement in developing the tourism/casino industry in Havana during the 1940s and 50s. I’m told that you can still see remnants of the work by Lucky Luciano and Meyer Lansky in the various hotels around Havana, so I’m curious to find out how the book compares to what we see during our visit.

After Cuba, I will travel to Punta del Este, Uruguay (via Miami) for the ASIPI conference. Punta del Este is a walled city and it is supposed to be one of the most gorgeous places on earth.

My ASIPI hosts have asked me to participate in a panel discussion on the restorations of Paris Convention Priority Rights under the Patent Cooperation Treaty.

Although the U.S. signed the Patent Law Treaty on procedural patent harmonization in 2000, this issue is ripe and before Congress because the Implementation Act is just now (finally) moving through Congress as part of The Patent Law Treaties Implementation Act of 2012.

I do have to admit that prosecution is not my primary focus at Patterson Belknap these days, so I’m a little rusty on Patent Cooperation Treaty. I therefore reached out to the leadership of the AIPLA’s PCT Committee, and with the help of Jay Erstling and Brooke Schumm, AIPLA Deputy Executive Director for International and Regulatory Affairs, Al Tramposch, and Board member Carl Oppedahl, I got back up to speed quickly.


"Although the U.S. signed the PLT in 2000, the Implementation Act is just now (finally) moving through Congress"


If an applicant misses the one-year deadline, under the Paris Convention to get the benefit of an earlier filing date (and therefore avoid some invalidating prior art), each contracting country can restore those rights.

But the country can have its own standards. The U.S. standard recognizes an inadvertent failure to perfect Paris Convention rights, and does not require a showing that the applicant exercised "due care," one of the two possible standards set out in the 2000 Patent Law Treaty.

Some offices, such as the European Patent Office, require the due care standard but will not restore rights when it is merely inadvertent. Stay tuned and I will let you know how it goes.

Thanks for reading.

more from across site and SHARED ros bottom lb

More from across our site

McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Gift this article