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Patent Archive

  • How to patent a Christmas tree

    December 22, 2011

    You knew it was coming. The festive story on Christmas patents. Although the overlap with drag racing and oil exploration is perhaps a little more surprising

  • EU patent agreement postponed until next year

    December 21, 2011

    There will be no EU patent deal this year. But agreement on the package comprising two regulations and an international agreement could be reached under the Danish presidency in the first half of 2012

  • Ten patent trends for 2012

    December 21, 2011

    From the launch of new courts to controversial cases, blockbuster drugs to smartphone wars, what does 2012 have in store for patent professionals?

  • IP filings surge ahead of economic growth

    December 20, 2011

    Patent and trade mark filings rose 7.2% and 11.8% respectively in 2010, far ahead of global GDP growth at 5.1%, according to WIPO’s annual statistics report

  • China moves from quantity to quality patents

    December 20, 2011

    While brand owners have made only limited progress in combating counterfeiting in China in the 10 years since it joined the WTO, the improvement for patent owners – both domestic and foreign – has been remarkable

  • HTC wins 3-1 in battle against Apple at the ITC

    December 20, 2011

    HTC is likely to have to adapt its smartphones for sale in the US, after the US International Trade Commission found that it infringed two claims of a patent owned by rival Apple

  • Oil service companies settle UK Supreme Court case

    December 16, 2011

    Schlumberger and EMGS have agreed a cross-licensing agreement over geological surveying patents, rather than have their case heard by the UK Supreme Court in February

  • The Managing IP quiz of 2011

    December 15, 2011

    Win a free place at a Managing IP meeting of your choice in 2012 by answering our 20 questions on developments in the past year

  • Don’t split India’s IP offices, say practitioners

    December 15, 2011

    A proposal to split India’s patent and trade mark agencies has been opposed by many practitioners, instead recommending a unified agency with greater financial autonomy and more examiners

  • Interview: Gerard Pannekoek, CEO of the first IP exchange

    December 15, 2011

    The world’s first IP exchange, based in Chicago, is set to launch next year. Eileen McDermott asked its CEO Gerard Pannekoek how it will work

  • Interview: Cecilia Wikström MEP on the EU’s patent package

    December 14, 2011

    With the European Parliament’s Legal Affairs Committee set to discuss the unitary patent package next week, Emma Barraclough speaks to MEP Cecilia Wikström

  • Interview: Singapore’s licensing leader

    December 14, 2011

    Peter Ollier interviews Suresh Sachi, general counsel of A*Star, Singapore’s government research agency, about structuring an in-house team, the art of deal making and the city state’s drive to become an IP hub

  • Will the Supreme Court rule on gene patents?

    December 12, 2011

    The Association for Molecular Pathology has asked the US Supreme Court to consider whether isolated DNA sequences are patentable under US law

  • EPO prepares to publish stem cell patent guidelines

    December 12, 2011

    Patent attorneys and IP owners who want protection for their stem cell research will soon get new guidance from the European Patent Office about what is, and is not, patentable

  • Reaction: what the Supreme Court’s questions mean for Prometheus

    December 12, 2011

    The questions asked by the Supreme Court last week in Mayo v Prometheus have led to speculation that the justices might disagree with the Federal Circuit’s application of last year’s ruling in Bilski v Kappos to this case

  • Breaking news: Australians to get Galaxy 10.1 for Christmas

    December 09, 2011

    Australian shoppers can now buy Samsung’s Galaxy 10.1 tablet computer, after the High Court turned down Apple’s request to appeal a lower court decision refusing a temporary injunction

  • UK IPO: meet our new man in Beijing

    December 08, 2011

    Rumours that the two giant pandas that arrived in the UK this week were in exchange for an IP attaché appear to be unfounded. Either way, Britain has its first IP rep abroad

  • Merck wins ruling on negative SPCs in Europe

    December 08, 2011

    The Court of Justice of the EU has ruled that member states can grant negative supplementary protection certificates (SPCs), which will help pharma companies win six-month research extensions

  • Why the patent box may not attract investment to UK

    December 08, 2011

    This week long-awaited proposals for a patent box in the UK were released. But despite some optimism, fears remain that it is too narrow and complex to achieve its aims

  • Commission readies to overhaul enforcement rules

    December 08, 2011

    The European Commission is to hold a second hearing for rights holders and users before it reveals its proposals to update the rules on enforcement

  • Dyson’s China claims questioned

    December 08, 2011

    UK inventor and entrepreneur James Dyson claimed this week that China favours local companies when it grants patents, issuing them with IP rights up to five times faster than foreign applicants. But is he right?

  • Analysis: the Prometheus hypotheticals

    December 08, 2011

    During the oral argument in Mayo v Prometheus on Wednesday, the justices asked a series of hypothetical questions in an attempt to illustrate the complexities of each side’s proposed view of the proper test for patent eligibility

  • Breyer pushes for clearer 101 test for diagnostic methods

    December 08, 2011

    Supreme Court justice Stephen Breyer, author of the well-known dissent in LabCorp v Metabolite expressing scepticism over the patent eligibility of diagnostic method claims, pressed the parties in Mayo v Prometheus today to better explain how the Court should determine when a law of nature has been sufficiently applied to make it patentable

  • It’s now or never for EU patent reform - Commission

    December 07, 2011

    If EU member states ever want to get a deal on the patent reform package they need to put their negotiating cards on the table, a senior Commission official said today

  • No injunction for Apple - but Samsung’s not safe yet

    December 07, 2011

    A judge in California has denied Apple’s request for a preliminary injunction, delivering another blow to the company in its global smartphone battle with rival Samsung

  • EU agreement held up over seat of court

    December 06, 2011

    EU ministers came close to agreeing a full package of patent reforms last night – but not close enough. The main hurdle that remains to be crossed is the location of the central division of the proposed unified patent court

  • UK unveils draft legislation on patent box

    December 06, 2011

    The UK Treasury today released draft legislation on the creation of a patent box for intellectual property (IP) management.

  • Timeline: Caraco v Novo Nordisk

    December 05, 2011

    Below, Managing IP provides a timeline of the battle between generic drug manufacturer Caraco Pharmaceutical Laboratories and Prandin manufacturer Novo Nordisk, which was argued at the Supreme Court today

  • Case report: Supreme Court hears generics battle against brands

    December 05, 2011

    The US Supreme Court today considered arguments in a debate that promises to provide guidance on what role regulatory agencies can be expected to play in patent decisions, and how patent attorneys should interact with such agencies

  • Ministers close to EU patent deal

    December 05, 2011

    European ministers meeting in Brussels could reach agreement on the elements of a patent reform package by the end of today

  • Critics round on EU litigation proposal

    December 02, 2011

    The latest plans to create a pan-European court for patent disputes fail to address the fundamental concerns of users of the patent system

  • Preview: crunch time for EU patent reform

    December 02, 2011

    EU ministers will meet next week to discuss details of the proposed European unified patent court, after the Council presidency and European Parliament agreed a deal yesterday

  • Pfizer’s arrival at patent cliff elicits concern from Congress

    December 01, 2011

    Pfizer yesterday became the latest major pharmaceutical manufacturer to see a leading drug patent expire with the introduction of generic versions of Lipitor - and now the company’s strategy for coping with the revenue loss has raised eyebrows in Congress

  • Exclusive: EC changes endanger patent progress

    December 01, 2011

    As discussions over patent and trade reforms in Europe reach a critical stage, the departure of key staff could cause more delays

  • Analysis: What next for business method applicants in Canada?

    December 01, 2011

    After last week’s Federal Court of Appeal ruling confirming that business methods are not explicitly barred from patentability in Canada, applicants have two options

  • Australian court overturns Apple’s Galaxy ban

    November 30, 2011

    The Full Federal Court of Australia has today overturned an interim injunction banning the sale of Samsung’s Galaxy Tab 10.1 tablet computer

  • Patent applicants to get access to Chinese patent translations

    November 29, 2011

    Inventors and patent applicants will be able to use a free automatic translation service to access patents filed at the Chinese patent office as a result of a deal between the EPO and SIPO

  • China plans new office to enforce IP rights

    November 29, 2011

    China’s decision to make its recent campaign against counterfeiting permanent and set up a new structure to oversee IP enforcement has received a cautious welcome from US officials

  • No clear winner in Canadian one-click case

    November 29, 2011

    The ruling of Canada’s Federal Court of Appeal on the Amazon one-click case last week has clarified that business methods are patentable, but questions remain and the case could still be appealed to the Supreme Court

  • Gene patents safe down under

    November 25, 2011

    The Australian government has rejected a ban on gene patents but proposed adding an ethical test to the Patents Act that could cause IP owners some headaches

  • MEPs and Council to discuss unitary patent next week

    November 25, 2011

    MEPs have been given a mandate by Parliament's Legal Affairs Committee to negotiate an EU patent package made up of three proposals (unitary patent, language regime and unified patent court) on November 30.

  • Analysis: Medeva ruling disappoints in the details

    November 24, 2011

    Medeva and Georgetown could suffer from this morning’s ruling from the Court of Justice of the EU (CJ), despite being likely to win their cases

  • How US patent reform could benefit Chinese companies

    November 24, 2011

    While the benefits of patent reform for US businesses are still being debated, the benefits for Chinese patent owners looking to expand in the world’s largest economy are clear

  • Medeva and Georgetown win in SPC rulings

    November 24, 2011

    The Court of Justice of the EU clarified the law on SPCs for combination drugs this morning, but included a sting in the tail for pharma companies

  • Federal Circuit reconsiders joint infringement standard

    November 24, 2011

    An en banc Federal Circuit posed some hard-hitting questions last week about whether the standard for determining direct, indirect and joint infringement should be changed

  • Free access: Patents to be thankful for

    November 23, 2011

    During this season of thankfulness in the US, Managing IP thought it was time to remind its readers of some patents of yesteryear, without which life might be a much more thankless experience

  • Interview: Carsten Fink of WIPO on the World IP Report

    November 18, 2011

    Carsten Fink, WIPO’s chief economist, explains the difficulties of collecting data and what surprised him most in the new World IP Report in an interview with Simon Crompton

  • Event report: Communicate to keep your clients

    November 18, 2011

    Finding the right mix of quality, cost-effectiveness and communication skills in outside counsel in the US is not easy, said in-house panellists last week, but they gave some good advice on where to look

  • Samsung switches strategy in Asia against Apple

    November 17, 2011

    Samsung has abandoned attempts to win preliminary injunctions blocking the sale of Apple’s new iPhone 4S models in Asia and is now pushing for early trials

  • Free access: How to win work from Chinese in-house counsel

    November 17, 2011

    A Managing IP survey of over 100 in-house lawyers and businessmen has revealed some interesting tips on how foreign law firms can win work out of China

  • Event report: why due diligence matters in Asia

    November 16, 2011

    Getting IP due diligence right is vital for helping to improve the market for technology transfer in Asia, said speakers at an LES event in Singapore last week

  • Interview: from the army to IPOS – Singapore’s new IP head

    November 16, 2011

    Tan Yih San, who took over as chief executive of the IP Office of Singapore in June, tells Peter Ollier about his plans for the office and how his time in the army has helped him prepare

  • Are you ready for 3D printing?

    November 16, 2011

    IP owners need to rethink the way that they exploit and enforce their IP rights if they want to meet the challenges of a technology that could revolutionise manufacturing

  • UK SMEs given litigation boost

    November 15, 2011

    The UK is introducing a small claims service at the Patents County Court designed to make it easier for small and medium-sized companies to sue IP infringers

  • False marking ban challenged

    November 15, 2011

    The Public Patent Foundation is fighting the retroactive effect of the America Invents Act provision banning third parties with no competitive interest from bringing false patent marking suits

  • Corporate-structure firm sees jump in profits

    November 14, 2011

    Prosecution firm Avidity IP - recently rebranded from HLBBShaw and one of the few UK firms to be a limited company - announced an 89% increase in profits last month

  • Interview: Christoph Then on the Brüstle stem cell ruling

    November 11, 2011

    Following the European Court of Justice ruling on stem cell patents last month, Christoph Then, who helped Greenpeace to challenge the Brüstle patent, tells Managing IP why stem cell research will continue unscathed in Europe

  • Mayo: Supreme Court case is about how far patents can go

    November 11, 2011

    Mayo Clinic is not asking the US Supreme Court for an “exotic” application of Section 101, and the personalised medicine industry will be fine without patents like that owned by Prometheus, the company’s counsel told Managing IP on Thursday

  • Arguments take shape in Mayo v Prometheus

    November 11, 2011

    With just one month to go before they present their arguments to the judges of the highest US court, the parties in Mayo v Prometheus have filed their briefs and interested parties are also making their views known

  • Judges’ concerns cast doubt on unitary patent

    November 10, 2011

    A group of 27 European judges has unanimously voiced concern over the inclusion of provisions on substantive patent law in the proposal for an EU unitary patent

  • Trilateral offices set six-month target for first office action

    November 09, 2011

    The EU, Japanese and US patent offices are aiming to issue first office actions within six months, the head of the EPO said at the meeting of the Trilateral offices

  • EU design owners get enforcement boost

    November 08, 2011

    An opinion from the Advocate General of the EU Court of Justice today provides one more small boost to Community designs, saying that owners should not have to prove a similar design invalid before infringement proceedings

  • French company prepares to battle US NPE

    November 08, 2011

    A French company hit by a demand for a patent licence from a Texas-based non-practising entity has adopted an unusual litigation strategy

  • Interview: Dickel Sooriah, co-founder GroupCamp

    November 07, 2011

    At the end of September French software developer GroupCamp received a letter from Texas-based non-practising entity Lodsys accusing it of infringing its patents and inviting it to negotiate a licence. Now its founders have launched a website asking companies in the same situation to pool their knowledge and share prior art to defeat Lodsys’s patents. Managing IP spoke to Dickel Sooriah about GroupCamp’s unusual tactics

  • Conference report: The IP counsel/ investor divide

    November 07, 2011

    “Despite the fact that we may have the utmost confidence in your patent estate, just settle.” That was how one investor advised IP counsel in the pharmaceutical and biotech industries

  • Conference report: US and Japanese push for harmonisation

    November 07, 2011

    David Makman saw signs of a desire for greater harmonisation at the US-Japan joint judicial conference that took place in Tokyo at the end of October

  • Analysis: AMSC’s trade secrets challenge in China

    November 07, 2011

    US energy technology company AMSC is making progress in its trade secrets battle with a former Chinese client, but will find it difficult to prove infringement in a jurisdiction without discovery

  • Interview: José Rodrigo Roque Díaz on IP challenges in Mexico

    November 07, 2011

    With a new president likely to oust him as director-general of IMPI, José Rodrigo Roque Díaz is in a race against time to improve IP awareness in Mexico. Refusing to play the part of lame duck, Roque spoke with Managing IP about his ambitious plans for the Office

  • Samsung’s Frand tactics under scrutiny in EU

    November 04, 2011

    Europe’s antitrust watchdog has asked Samsung and Apple to explain how they enforce standards-essential patents, putting the spotlight on tactics used by the Korean company

  • Stoll faces reality about USPTO funding

    November 04, 2011

    “Honestly, the answer is no.” That was USPTO commissioner for patents Bob Stoll’s frank assessment yesterday about whether the Office will be able to retain all of its fees

  • The Philippines to launch rocket docket

    November 03, 2011

    The Supreme Court of the Philippines has released a set of rules designed to make IP litigation cheaper and quicker in a jurisdiction that is notorious for its inefficient enforcement

  • In depth: Why HGS ruling will benefit biotech investment

    November 03, 2011

    Yesterday’s Supreme Court decision in HGS v Eli Lilly gives applicants more certainty by bringing UK law on industrial applicability into line with that applied in the EPO

  • Patent offices to revise stem cell guidance post-Brüstle

    November 02, 2011

    Patent offices in Europe are considering whether to change their approach to the patenting of stem cell-related inventions following a Court of Justice ruling last month

  • Palestine membership would not affect WIPO

    November 02, 2011

    Despite speculation, figures show that if the US withdraws funding from WIPO in response to Palestine membership it will have little impact

  • Analysis: why the Supreme Court overturned two patent specialists

    November 02, 2011

    Mr Justice Kitchin and Lord Justice Jacob were clear that HGS’s patent for the Neutrokine-a protein was invalid for lacking industrial application. But five Supreme Court judges today disagreed. Why?

  • Supreme Court drops bombshell on English judges

    November 02, 2011

    The UK’s Supreme Court has overturned the lower courts’ interpretation of industrial application in its first ruling in a patent case

  • South Africa passes “useless” traditional knowledge law

    November 01, 2011

    Last week the South African parliament passed a law to protect traditional knowledge that most observers consider to be an expensive waste of time

  • Federal Circuit dissents highlight claim construction chaos

    November 01, 2011

    Two Federal Circuit judges who dissented yesterday from a majority decision to deny review in a case about claim construction have revealed the seriousness of the problem with interpreting claims in US courts

  • The scariest Halloween patents

    October 31, 2011

    Free access: A method for rapid fish beheading, a gun for firing grasshoppers and a mechanism for extracting blood? It has to be Halloween

  • Finland says yes to English

    October 31, 2011

    From tomorrow, the Finnish IP office will accept patent applications drafted in English as well as those in Finnish and Swedish

  • Microsoft: patent troll or smart business?

    October 31, 2011

    Microsoft’s 10th licensing agreement with Compal means it has patent deals with more than half of Android vendors. Does this mean it is becoming a patent troll?

  • Analysis: What the Samsung ruling means for Frand litigation

    October 31, 2011

    Lawyers says that a Dutch ruling in a dispute between Apple and Samsung does not signal the end of standard-essential patent litigation in the Netherlands

  • China joins PPH network

    October 31, 2011

    The first ever patent prosecution highway involving China’s State Intellectual Property Office will launch tomorrow with the Japan Patent Office

  • Interview: T John Ward reflects on the Texas rocket-docket

    October 31, 2011

    In an exclusive interview with Eileen McDermott, Judge T John Ward talks about transition, trials and patent trolls

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