Search results for

The search for prior art is a key component of the patent prosecution process, but it can often be time-consuming and costly. The US Patent Office issued 382,139 patents in 2004 alone, and as more and more patents are being filed, the need for accurate and effective prior art searching becomes even more essential. Patent offices in most major IP jurisdictions will perform patent searches. However companies are still choosing to scour patent office records, trade journals and patent databases themselves, to verify that no identical, similar or partially similar patents already exist. Although there is no affirmative duty to conduct a prior art search before filing a patent application, inventors and their attorneys are required to submit any prior art that they are aware of. A comprehensive search can therefore help support not only a patent application, but also licence negotiations, re-examinations and litigation further down the line. After all, an issued patent will stand up better in court with prior art to substantiate it.

Recent disputes between research-based pharma companies and generics have addressed the viability of use patents in PMNOC proceedings. Bill Richardson of McCarthy Tétrault LLP examines the cases and asks whether the Regulations need to be changed

As the use of celebrities to promote products and services booms, Jeff Van Hoosear of Knobbe Martens Olson & Bear LLP looks at some examples of successful licensing deals, and outlines the legal issues that must be considered in any successful agreement

Shanti Kumar and Neeti Wilson look at the growth of the biotech industry in India, and consider the role played by different IP rights in protecting biotech inventions

Changes to Mexico's franchise law are set to create more legal security for franchises in the future. Abraham Diaz Arceo of Olivares & Cia has a detailed look at the benefits and some of the drawbacks

Does registration of 2-D mark under Singapore's old law confer 3-D mark protection under the new law? Kevin Wong and Angeline Raj of Ella Cheong Spruson & Ferguson (Singapore) examine a recent infringement case which considered shape marks

Several changes to Argentina's IP laws guarantee rights owners better protection and enforcement against infringements. Federico Aulmann of Obligado & Cia explain

Over the last four years, the Chinese trade mark authorities and the courts have become far more willing to recognize well-known trade marks. Samson Yu and Grace Li of Kangxin Partners explain how to get the benefits on offer

Licensing arrangements provide the ability for a trade mark owner to generate revenue and capitalize on the reputation of their brands. The relationship between a licensor and licensee is, in many ways, an interdependent one. Therefore, trade mark owners carefully select licensing partners based on their reputation for quality and business acumen to ensure that the integrity of the licensor's valuable proprietary rights will be protected. Given the importance of this unique business relationship, licensors typically include language in their licensing agreements that requires the licensor's consent prior to any assignment by a licensee of the licensed rights and obligations.

MIP Brand Management Forum 2006, Great Eastern Hotel, London, UK, March 28 – 29.