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  • In March 2010, when a New York Federal Court declared invalid 15 claims in seven patents covering human genes, a legal beachhead against the patenting of human genes was established (Assoc for Molecular Pathology v USPTO).
  • With the entry into force of the Law on the Swiss Federal Patent Court (which may be expected to start operating in the first half of 2011) provisions will be introduced in the Swiss Patent Act that allow for a detailed description of patent infringing acts (saisie descriptive) as well as the seizure of goods (saisie réelle). The newly worded Article 77 of the Patent Act deals with this as follows:
  • The Patent Amendment Act 2005 brought about a significant inclusion to the then existent prosecution scheme by introducing the scheme of post-grant opposition. The legislation provides that a post-grant opposition as under Section 25(2) of the Patents Act 1970 may be filed within one year of the grant of the patent on the same grounds governing pre-grant oppositions as prescribed under Section 25(1). However, one of the vital differences between the two provisions rests in the locus standi of the person moving to oppose the grant of a patent: a pre-grant opposition being allowable from "any person", while only any "person interested" being entitled to file post-grant opposition.
  • On April 21 2010, the Supreme People's Court issued the Opinion on Several Issues Regarding Administrative Adjudication of Trade Mark Grant and Confirmation. The Opinion is based on the experience of the court in administrative actions brought against the TRAB in trade mark application, opposition or invalidation cases.
  • You've just discovered the joys of roller derby. So, what are the chances of registering a track name such as Cindy Lop-Her? Not so good if the examiner considers that such matter may falsely suggest a connection with any living individual.
  • Where an inventor wishes to file as many patent applications as different countries in which he tries to protect an invention, the inventor has to deal with a complex filing process involving diverse problems and difficulties.
  • The US Supreme Court has issued its decision on business method patents in Bilski v Kappos. Eileen McDermott asked a wide range of practitioners what the ruling means for patent applicants across a range of industries
  • The ITC, litigation strategies, trade mark protection and of course the Bilski decision were the hot topics at last month’s first China-International IP Forum. Peter Ollier reports from Beijing
  • WIPO wants to revitalise the PCT system. James Pooley, deputy director-general for patents at the IP organisation, outlines progress so far and explains how the improvements should benefit users
  • China’s revised Patent Law contains new provisions on genetic resources. Jiancheng Jiang of Peksung explains how they affect applicants, and considers whether certain specific inventions would be patentable