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The Federal Circuit recently injected some clarity into a key principle of patent damages known as the entire market value rule (EMVR). The EMVR allows a winning patentee to collect damages based on sales of unpatented technology if it is sold with patented technology, such as a patented muffler in an otherwise un-patented car. Applying EMVR, the market value of the entire car would be used as a starting point to calculate the appropriate value of the patented muffler. The EMVR can also be used to establish the value of a patented product, like a razor, if it leads to sales of additional, unpatented follow-on products, like razorblades.

Rosalía Bautista of Becerril, Coca & Becerril explores the difficulties of filing voluntary amendments to patent applications under the law

Sectors of the software industry have voiced their concerns over the patent-eligibility of software as part of the review process of the Patents Bill, claiming that patents for software stifle rather than promote innovation. This was previously reviewed back in 2005 and the conclusion then was that there was no reason to treat software differently to other technologies. However, it now appears that there will be some review and possible restriction on the patent-eligibility of software, although nothing has been officially released as yet.

The legal regulations of advertising in Mexico are not as developed as in other countries, which in practice provide infringers with more elements to construe their defences against eventual challenges from competitors and/or consumers.

Since its creation in 2005, Japan's IP High Court has been viewed and often criticised as being quite harsh with patent holders because the rate of invalidation of patents in patent infringement cases by the court has been quite high. It is unclear whether the court is responding to such criticism, but at least one of its four divisions has begun rendering multiple opinions that almost appear to emulate the tests for determining inventive step in the European Patent Office (EPO) examination guidelines, and which also resemble at least part of the CAFC's former (pre-KSR) teaching-suggestion-motivation (TSM) test on obviousness in the US.

A Supplementary Protection Certificate (SPC) can be granted in Norway for pharmaceuticals for humans and animals and plant protection products. This may extend the total period for actual patent protection up to 25 years, that is an additional five years of patent protection beyond the normal 20 years.

In the recent case of Ratiopharm Inc v Pfizer Limited (2009) FC711 Mr Justice Hughes has again emphasised the important of exercising the utmost good faith in the drafting and prosecution of patent applications. In this chemical case, he was highly critical of the draftsperson for including phrases such as "unexpectedly", "unique", and "outstandingly suitable" as being "self-serving" and inconsistent with the facts apparent from the record of the invention. Hughes found that the words could not have come from the inventors, but "could only have come from the Pfizer patent department".

A trade mark which directly describes a quality, function, characteristic, or ingredient of a product or service, or is descriptive of other aspects of the product or service cannot be registered, according to Article 23.1.2 of the Taiwanese Trade Mark Act.

Dart Philippines, authorised manufacturer and importer into the Philippines of Tupperware products, entered into a distributorship agreement in 1986 with the Calogcog spouses. On April 30 1992, Dart informed the Calogcogs that it was not renewing the agreement because of violations. However, the agreement was extended to September 30 1992, on the Calogcogs' written promise that they would observe and comply with its terms and conditions.

The Malaysian Tourism Minister's statement that Malaysia intends to stake its claim on recipes synonymous with the country's identity, has sparked controversy among the public. Reaction is especially high in Singapore, where people dispute the origins of certain dishes Malaysia intends to claim.