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In an interview with Managing IP, the USPTO responds to criticism of its post-Myriad guidelines on patent eligibility, saying its position is an accurate reflection of the Supreme Court’s interpretation of the law

Section 3 of the Industrial Designs Act 1996 defines an industrial design as excluding "features of shape or configuration of an article which are dictated solely by the function which the article has to perform".

The Mexican Trademark Office (MTO) has a two-step examination process. The first is the examination of formalities and the proper identification of goods or services, and the second relates to relative and absolute grounds of refusal.

Confectionery businesses are going to great lengths to protect themselves in an increasingly competitive market. What are the trade mark issues from the MENA region that confectioners should know about?

Provisions on patent term extension vary greatly in different jurisdictions. Kathryn D Soulier and Noel E Day provide a guide to the maze of regulations, and advise on how to get maximum protection

On April 28 2014, the US Trade Representative (USTR) posted on its website that the Philippines has been removed from the Special 301 Watch List. The USTR publishes its annual Special 301 Report, which identifies countries with inadequate and ineffective laws or measures for the protection of IP rights which serve as trade barriers to US companies and products. The Philippines has been on this list since 1989.

Singapore has moved to a positive grant patent system with amendments to the Singapore Patents Act and Rules taking effect on February 14 2014. This will affect all Singapore patent applications lodged in Singapore on or after this date.

The US Supreme Court recently heard arguments on whether a computerised system for managing settlement risk constitutes patent-eligible subject matter, a question that had left an en banc Federal Circuit divided and without a majority opinion. While this case is similar in many respects to Bilski v Kappos, neither Bilski nor subsequent Supreme Court and Federal Circuit decisions have articulated a definitive test to determine whether computer-implemented inventions are eligible for patenting. Perhaps perceiving a need for such a test, the justices focused several questions on where and how a line should be drawn between patent-eligible and patent-ineligible subject matter.

In 1992, the National Office of Intellectual Property of Vietnam (NOIP) refused a trade mark application due to its confusing similarity to the unregistered, but well-known, McDonald's trade mark of the US fast-food chain. This refusal was based merely on the reputation of the mark, as McDonald's – at the time – had not yet used or shown any intention to use the mark in Vietnam. This was the very first case involving a well-known mark in Vietnam.

Given the popularity of the European opposition system and the new inter-partes review (IPR) proceedings introduced under the America Invents Act (AIA) in the United States, it may be time to rethink the limited options available to third parties for challenging patents in Canada.