raising intellectual property awareness


 

 


news archive

page updated: 02 Oct 2008

selection of previous IP developments from "what's new"

record number of PCT applications filed in 2007 (21 feb 08)

Last year saw a further dramatic increase in new international patent applications filed with the WIPO - the World IP Organisation - demonstrating that this method is increasingly the preferred way to obtain essentially worldwide protection for an invention.   In total, a record 156,100 applications were filed in 2007, 4.7% more than in the previous year.

It took 18 years from the beginning of PCT operations in 1978 to reach 250,000 total applications, but only four years to double that figure (500,000), and another four to double it again (1,000,000).  For the fourth year running, the most notable growth rates came from countries in north east Asia (Japan, China, Republic of Korea) which accounted for over a quarter (25.8%) of all PCT applications. 

The largest sectors for new filings were telecommunications (10.5%), information technology (10.1%) and pharmaceuticals (9.3%) and the fastest growing technology areas are nuclear engineering (24.5% increase) and telecommunications (15.5% increase).

looking for patented technologies? - new searchable website of commercially available technologies (14 feb 08)

Technology transfer managers and anyone doing research on patented or emerging technologies now have a new resource at their finger-tips.  A new US based website has been launched - Spark-IP - which is aimed as a technology exchange by including searchable technology listings from universities and government labs around the world.  

about turn in UK practice on claiming computer related inventions (7 feb 08)

The UK IPO has amended its practice in this area following an important High Court appeal decision by Kitchin J in Astron Clinica and others.  As a result, patents may now be allowed to protect a computer program if, but only if, the program implements a patentable invention.  This does not mean that computer programs are generally patentable in the UK but it does allow innovators to protect all aspects of their patentable inventions directly.  As such UK practice has returned to where it was before the landmark Aerotel/Macrossan judgment.

fewer translations needed for European patents after May (updated 23 feb 08)

The London Agreement under which countries forego the right to require routinely a translation of the full text of a European patent designating their country will now come into effect from 1st May 2008.  This follows the deposit of the formal ratification document at the German Ministry for Foreign Affairs on 29th Jan.  So far 13 countries have acceded to the Agreement.

UK businesses are expected to save an estimated £10 million every year by not having to file unnecessary patent translations, which can currently account for about 25% of the cost of an average European patent application. The European Patent Office has estimated that following implementation of the London Agreement, the cost of translations to validate patents in the seven key countries will be reduced by about 45%.

New UK Minister for Intellectual Property Baroness Morgan (see below) said:

“The French government has taken an historic step, which brings about changes first conceived in Paris in 1999. The London Agreement will greatly reduce the cost of patenting in Europe. Innovative UK companies will find it easier to protect their ideas, and market new inventions, benefiting consumers and the economy alike.”

For those countries party to the Agreement that do not have German, French or English as a national language, no translation of the description will be required if the European patent is in the EPO official language prescribed by that country. These countries may still request translation of the claims into their national language. 

European Commission has pharmaceutical sector in its sights in competition inquiry (18 jan 08)

On 16th Jan the European Commission launched a wide-ranging competition inquiry into the European pharma sector with a series of surprise visits to many companies across Europe, both research based and generics.  An interim report is due later this year with the final version early in 2009. 

In its press release, the Commission says that the inquiry "is a response to indications that competition in pharmaceutical markets in Europe may not be working well: fewer new pharmaceuticals are being brought to market, and the entry of generic pharmaceuticals sometimes seems to be delayed."    The Commission wants to know the reasons for this and intends to look amongst other things at patent and related IP policies and practices and agreements to check whether competition laws are being complied with. 

Launching such a sector inquiry with surprise inspections is unprecedented.  But, according to the Commission: "the kind of information the Commission will be examining in this inquiry, notably concerning the use of intellectual property rights, litigation and settlement agreements covering the EU, is by its nature information that companies tend to consider highly confidential. Such information may also be easily withheld, concealed or destroyed. The Commission is keen to have immediate access to all such company information and has therefore ordered unannounced inspections."

change of pitch for Lord Triesman (17 jan 08)

IP developments in the UK may be affected by the loss to the Football Association of Lord Triesman, the current IP and Quality Minister in the Department of Innovation, Universities and Science.  On 16th January, the FA Council formally confirmed him to become the first independent chairman of the FA in succession to Geoff Thompson who has held the post for the last 9 years.   Lord Triesman is expected to give up his government responsibilities as Parliamentary Under Secretary of State for IP and Quality and take up his FA role as soon as possible. 

changes to UK copyright law in prospect? (18 dec 07 - updated 8 jan 08)

The Gowers report reviewing the intellectual property scene in the UK made a number of recommendations for change in legal arrangements, particularly in the area of copyright in the modern world.  These included possible relaxation of the UK's copyright rules to improve access and use of copyright material by private individuals, students and libraries.

Lord Triesman, the Parliamentary Under Secretary of State for Intellectual Property and Quality, launched the first stage of a two part public consultation on possible changes in UK copyright law at the British Library Conference Centre on Jan 8th.  The deadline for responses to the first stage consultation is 8 April 2008.  The second stage will involve consultation on a draft version of the possible legal provisions to implement the changes.

Possible changes included in the consultation are greater freedom for consumers to legally transfer music or films between, for example, CDs and an MP3 player – so-called 'format-shifting'. Other proposals include changes to enable schools and universities to make the most of digital technologies and facilitate distance learning.

According to Lord Triesman:

"In an increasingly digital world, we need to be sure that our copyright system keeps up with the times and works effectively.

"This consultation is part of a package of measures which is designed to do just that. It explores where the boundaries lie between strong protection for right holders and appropriate levels of access for users. A system valued by right holders and respected by users is critical to the success of UK creativity."

US moves to curb piracy and counterfeiting in proposed new IP  laws (10 dec 07)

The Judiciary Committee of the US House of Representatives is considering new, bipartisan legislation to strengthen IP protection mainly in the area of creative and digital rights: bill HR4279 "Prioritizing Resources and Organization for Intellectual Property (“PRO IP”) Act of 2007" - introduced on 5th Dec.  The proposed legislation is primarily focused on specific improvements against copyright and TM infringement  but it would also strengthen the approach to IP enforcement in general (including patents) in the US and internationally. 

Under the new proposals,  a new Office of the United States Intellectual Property Enforcement Representative (USIPER), would be set up in the Executive Office of the President, to enhance nationwide and international coordination of intellectual property enforcement efforts.  In addition, IP officers would be appointed to work with foreign countries to help combat counterfeiting and piracy and a new, permanent IP Division would be established in the Department of Justice to improve the coordination of law enforcement.

European patents to apply in 34 countries from 1st Jan 08

  Croatia and Norway will become members of the European Patent Convention (EPC) with effect from 1 Jan 08 joining the existing 32 states benefitting from the European patent system under which a single application and examination system can lead to a bundle of equivalent patents in designated EPC states.

first chair of new UK IP strategic advisory board (SABIP) appointed (9 mar 08)

The UK IPO has published a press release announcing that Joly Dixon, CMG has been appointed as Chair of the new Strategic Advisory Board for Intellectual Property for an initial period of 2 years.

In making the formal appointment, John Denham, Secretary of State for Innovation, Universities and Skills said:

"I am delighted to appoint Joly Dixon as the inaugural Chair of SABIP. He brings a breadth of experience, a strategic insight into IP and leadership skills which will be key to the success of SABIP’s work. Baroness Morgan, Minister for Intellectual Property, and I look forward to working with him".

Mr Dixon will join the selection panel to appoint up to 9 members of the Board at the end of March. Ministers are expected to make the formal appointments early in April after which SABIP will start work.

US Court prevents Patent & Trademark Office from implementing new rules of practice (31 oct 07)

On October 31, 2007,  Judge Cacheris of  the Eastern District of Virginia granted a preliminary injunction sought by the pharmaceutical company GlaxoSmithKline preventing the US Patent and Trademark Office (USPTO) from implementing on November 1 new rules governing patent practice. 

The new rules would have introduced widespread changes to the way in which patent applications would be handled including restricting the number of continuing applications and independent claims per application.  From the time when the proposed rules were first published for public comment in January 2007, there have been extensive protests from patent owners and practitioners alike about the content and scope of the rules.  The court action by GSK in Virginia was widely supported by industry and patent practitioners and the preliminary injunction provides some time for the USPTO perhaps to reconsider the position.

China cracks down on sub-standard goods (30 oct 07)

On Monday the Chinese General Administration for Quality Supervision, Inspection and Quarantine said it had arrested 774 people in a crackdown on substandard goods, part of ongoing efforts to calm international worries over the quality of the country's products.  The arrests were the result of nationwide criminal investigations into the manufacture and sale of fake or substandard food, medicine or agricultural products between August and mid-October.

Inspections have targeted farm produce, processed food makers, restaurants and manufacturers and importers of medicines.   According to a government statement, 667 tons of unauthorised or fake food products had been destroyed by October 8.

As a measure of how seriously the government is taking matters, the former head of the SFDA the Chinese food and drug regulator was executed in August for taking bribes to allow untested medicines onto the market.  This has coincided with a comprehensive review of the thousands of drug products approved whilst he was in charge of the SFDA.
 

Harry Potter and IP rights (24 oct 07)


The challenges to copyright and other IP rights posed by the enormous commercial success of J.K. Rowling's Harry Potter books are described in an article by Elisabeth March in the September issue of the WIPO magazine.

"The success of her creative works has brought J.K. Rowling enough wealth to pack the vaults of Gringotts Bank. It has, moreover, created huge revenues for license and rights holders throughout the copyright-based industries. Success, however, brings in its wake free-riders seeking to profit from - or help themselves to - the creative output of others. J.K. Rowling's lawyers have had their hands full defending her copyright against infringers.

The infringements have taken more different forms than Rowling's shape-shifting Boggart. Entire scanned copies of the books have been uploaded and distributed across the Internet. J.K. Rowling launched several legal actions against users of the e-Bay online auction site this year, alleging that they were selling illegal e-books of her work."

The power of colour in branding - the colour of money (17 oct 07)

In an interesting article in the The Independent, Richard Gillis looks at the way in which colours are being used in promoting brands for a diverse range of products and services.

read the article:

Scope of European design right clarified by UK Appeal Court (11 oct 07)

                        

In an important Appeal Court judgment, Lord Justice Jacob has provided further guidance on how registered European Community design rights should be interpreted.   The appeal arose in an infringement suit brought by Proctor & Gamble (P&G) against Reckitt Benckiser (RB) in connection with their Air-Wick Odour Stop room air conditioner.   P&G use their registered design in a number of EU countries (but not yet in the UK) for their sprayer air-freshener product, Febreze. The RB spray canister had earlier been held to infringe the P&G design.

In allowing the RB appeal of non-infringement, the judge stated:

"...you need clear blue water between the registered design and the "prior art", otherwise there is a real risk that design monopolies will or may interfere with routine, ordinary, minor, every-day design modifications – what patent lawyers call "mere workshop modifications." But no such policy applies to the scope of protection. It is sufficient to avoid infringement if the accused product is of a design which produces a "different overall impression." There is no policy requirement that the difference be "clear." If a design differs, that is enough – an informed user can discriminate."

read the decision:

Cheaper European patents in sight after French parliament vote (10 oct 07)

In a historic development, on Tuesday the French Senate voted in favour of a bill allowing France to ratify the London agreement under which countries forego the right to require routinely a translation of the full text of a European patent designating their country.  The French President is expected to sign the bill into law shortly so that France will ratify the agreement allowing the new arrangements to go into effect for newly granted European patents 3 months later i.e. early in 2008.  

Currently it is necessary to file translations of the complete text of a European patent into the national language of each designated country.  Once the London Agreement is in effect countries with English, French or German as their national language will no longer require translations of patents filed in one of the other two official languages. Other countries will designate one of the three as their official language for patents, whilst still allowing applicants to file in the local language.  It will still be necessary to file translations of the claims of the granted patent into the national language and a full translation will be required if the national patent is litigated.  But elimination of the need to translate the complete text will drastically reduce the amount of translation with significant cost savings for applicants. 

Of the 32 current signatories to the European Patent Convention, with France 12 countries will have signed up to the London agreement including the UK, Germany, Switzerland and the Netherlands.  More countries are expected to join soon following the move by France and so the need for full translations should be further reduced.

More information on the London agreement:

UK trade mark examination practice changed for "similar" marks (14 sep 07)

From 1st October, UK trade mark examiners will no longer refuse applications because earlier similar trade marks. Instead they will simply inform the applicant and the holder of the earlier mark,  the latter may then wish to oppose the application and the former may wish to reconsider proceeding with the application.  This is intended to ensure that applications will only be blocked when they affect the trading interests of others.  This change brings UK trade mark law and practice into closer alignment with that in Europe and WIPO.

US patent reform progresses in Congress (8 Sep 07)

Major reforms to the US patent system with implications for all technology companies doing business in the USA took a step nearer yesterday.  The House of Representatives passed the amended bill HR 1908 which has bipartisan support by 220 votes to 175. 

The provisions in the bill would change the basis on which US patents are awarded so that the first person to file an application would receive the patent rather than the person who was the first inventor.  This would align the US with the practice in other countries and do away with the protracted and complex inventorship contests - patent interferences - to decide who was the first inventor. 

A new procedure would be introduced to allow third parties to challenge patents within a year of grant and to introduce prior-art evidence during examination of applications. 

For patent litigation, there would be restrictions on where suits could be filed to prevent possible "forum shopping" for favourable district venues for the litigation.  When assessing damages, Courts would be expected to consider the value of the patent itself and not just the product involved.  It would also be possible to appeal District Court rulings on interpretation of claims when they were made during the proceedings.   

The bill was strongly supported by a consortium including software, financial services and media groups (the Coalition for patent fairness) which has been concerned about the commercial impact of an increasing number of patents of doubtful validity.   Several provisions in bill were opposed by a consortium including manufacturing, IT, consumer products, pharmaceutical and bio-technology groups (the Coalition for 21st century patent reform) who were concerned to see any weakening of the effect of granted patents.  This consortium managed to get some amendments introduced to the House bill which are not yet present in the counterpart Senate bill S 1145. 

The Bush Administration for its part broadly supports the proposed patent reforms but opposes any limits on the discretion of a court in determining damages adequate to compensate for an infringement.  The US Senate still has to vote on the counterpart bill S 1145  before it is passed to the President for signature.  Consequently, with the impending elections in 2008, it may still be some time yet before the US patent law is reformed.

read more:

International design registration for EU designers simplified in 2008 (10 Aug 07)

It will soon be possible with a single international application to obtain protection for designs both throughout the EU and also in countries which are signatories to the Geneva Act of the Hague Agreement governing the international registration of industrial designs.  This follows the European Commission's recent adoption of the two Regulations necessary for the EU to accede to the Agreement.  The Geneva Act allows design protection to be sought in a number of countries using a single international application filed with the International Bureau of WIPO, replacing a whole series of separate national or regional registrations.  The simplified international procedure should be possible for EU applicants from Jan 2008.  As yet there are only 23 countries which are signatories to the Hague Agreement - the USA and Japan are not signatories.

read more:

Indian High Court rejects Novartis challenge to law on pharmaceutical patents (9 Aug 07)

In an important decision affecting the way in which patents on new pharmaceutical products will be granted in India, the High Court in Chennai dismissed (6 Aug) a challenge by Novartis to the constitutionality of section 3(d) of the Indian Patent Act.  This section prevents the patenting of certain new forms and derivatives of known pharmaceutical substances unless they "result in an enhancement of the known efficacy of that substance".   The Court said that it was for the World Trade Organization (WTO) forum to resolve any TRIPS compliance question. 

The constitutional challenge was brought by Novartis as part of their response to the Indian Patent Office's rejection last year of their patent application for the anti-cancer drug GLIVEC on which they had already been granted patents in
about 40 countries.  A separate appeal against the rejection of the GLIVEC patent application is before the newly established Intellectual Property Appellate Board.

read more:

Portugal backs centralised litigation and Community Patent (EPO press release: 25 jul 07)

Portugal, which recently took over the EU presidency, has outlined its plans to move discussions on a European patent litigation system and the Community Patent forward over the next six months.

According to a document presented to the Working Party on Intellectual Property, the Portuguese Presidency has scheduled four Council Working Parties for the second half of 2007. The first three will be concerned with litigation, with the fourth group concentrating on open issues surrounding the Community Patent.

read more:

New UK Department of Innovation, Universities and Skills: DIUS (updated 13 jul 07)

John Denham has been appointed to UK prime minister Gordon Brown's first cabinet as Secretary of State for the newly created Department for Innovation, Universities and Skills.  This new Department will now have responsibility for the UK IP Office which previously reported into the Department for Trade and Industry.  The website for the new department is http://www.dius.gov.uk/.

Lord Triesman is appointed as the Parliamentary Under Secretary of State for Intellectual Property and Quality.  He is also the Lords Minister for the whole Department and responsible for:

  • The Student Loans Company (and Customer First programme)
  • The student loan debt sale
  • Endowments and voluntary giving for higher education
  • Quality assurance of Higher Education
  • UK Intellectual Property Office
  • Students as ‘customers’
  • Scenario building across DIUS
  • Departmental efficiency, effectiveness and sustainability.
     

In a written Parliamentary answer, Gordon Brown explained the new department:

"In the years ahead, countries will increasingly derive their competitive edge from the speed with which they are able to innovate, building on a world-class research base, creating new products and markets and driving enterprise and efficiency. Seizing these new opportunities will also require a world-class skills base - both through the expansion of high-end graduate skills, but also by raising the skills of the wider adult workforce, including those currently unskilled.

To ensure that Britain is equipped to meet these challenges I am today announcing the formation of a new Department for Innovation, Universities and Skills (DIUS).

The new Department will be responsible for driving forward delivery of the Government's long-term vision to make Britain one of the best places in the world for science, research and innovation, and to deliver the ambition of a world-class skills base.

It will therefore assume responsibility from the Department of Trade and Industry (DTI) for science and innovation - including ensuring world-class research and increased business innovation. The Department will oversee the science budget, which will remain ring-fenced and the dual support system for funding will be retained. A new Office of the Chief Scientific Adviser will be created within the Department.

The new Department will also assume responsibility for ensuring that the UK has the skilled workforce it needs to compete in a global economy.

The Department will, therefore, be responsible for the development, funding and performance management of higher education (both teaching and research) and further education, working closely with the Department for Children, Schools and Families. The Department will also be responsible for taking forward the Government's wider skills agenda - including the implementation of Lord Leitch's Review of Skills, published last year."

Green light for IP Charter for public research institutions and universities (CORDIS news report 27 jun 07)

The European Commission has received the green light to draft a new charter for the management of intellectual property rights. This is good news for European research, says Klaus Uckel of the German Federal Ministry for Education and Research (BMBF), who believes that the initiative will help put a stop to the uncontrolled outflow of knowledge as well as piracy, and will help boost European competitiveness.

The 'IP Charter', a proposal from the German EU Council Presidency, would comprise a set of non-legally binding basic principles and guidelines, upon which research partners could voluntarily base their research cooperation. The approach is similar to that of the 2005 European Charter for Researchers, which provides voluntary guidelines on appropriate working conditions for researchers.

Speaking at a briefing in the European Parliament on 26 June, Mr Uckel noted that the Charter for Researchers has been widely adopted by universities and research institutes across Europe, and is seen as a tool to attract the best researchers. 'The fear is that by not signing the Charter, organisations will get left behind,' he said, adding that industry is also beginning to adopt the charter.

A variety of national and supra-national tools already exist to help universities and other public research establishments to better manage their knowledge. These include, among other tools, the UK Lambert Agreements, the Responsible Partnering Initiative, and European Commission guidelines. Meanwhile, collaborative research under the EU Framework Programme is governed by rules of participation, which provides an IP framework for the project partners.

'There are lots of best practices already on the table,' said Mr Uckel. 'But these now need a strong political push. The charter aims to give a political framework to these practices.' He added that the charter would be broad enough and sufficiently all-encompassing to be consistent with national arrangements and the EU research framework rules for participation.

There is a real need for an EU-wide framework, outlining the principles of IP management for universities and research centres, because a lack of professionalism is causing us to lose our know-how and leading to an ever-growing innovation gap between Europe and its global competitors, believes Mr Uckel.

One problem that has arisen as a result of having no common approach to settling IP issues is product piracy. It is estimated that illegal competitive practices are costing Germany alone €25 billion a year.

European innovation is also suffering as a result of the very different approaches taken by industry and public research institutes to managing intellectual property. Whereas researchers are mainly interested in publishing their work, industry is interested in preventing disclosure and in filing for and exploiting protective rights.

An IP charter would not only be able to initiate a process of awareness-raising on the importance of better IP management, says Mr Uckel; it would also promote a better understanding of research partners' positions. If cooperation between industry and academia is made easier, research institutions would be able to tap into funding sources more easily, while European industry would become more competitive since it would have more chances to commercialise innovative inventions. 'The Charter will help change the culture of European research,' surmised Mr Uckel.

Having a common approach to IP management would also ensure that research partners from Europe could better negotiate contracts with international partners. Countries such as the US and Japan are well versed in IP management, says Mr Uckel. But European research institutions and researchers find themselves in a weaker negotiating position, because they are unfamiliar with the many different IP rules and practices. A charter would help reduce any uncertainties, enabling European partners to refer to a common frame of reference.

Having received political backing from the Competitiveness Council on 25 June, the Commission will now push ahead with drafting the Charter, which Mr Uckel expects to be ready by the autumn.

Norway to join EPO (EPO press release - 13 jun 07)

Norway is set to become a member of the European Patent Organisation on 1 January 2008, according to a decision taken by parliament this week.

In its session on 11 June the parliament voted to ratify and accede to the European Patent Convention (EPC).

As a participant and signatory at the 1973 Munich diplomatic conference, the Scandinavian country has been entitled to join since the EPO was founded. It is the only participant that has not yet become a member of the Organisation.

Norway intends to deposit the instruments of ratification with the German government in October, in accordance with the rules set out in the EPC, and it is expected to become a member at the start of 2008.

McCreevy calls for patent reforms (EPO press release - 4 jun 07)

mccreevy.jpg
European Commissioner Charlie McCreevy has stressed the importance of reforms to the patent system in strengthening Europe's single market.

Speaking at the Cyprus Chamber of Commerce on 30 May, he said: "A market with twenty-seven sets of national IP rules is tailor made to segment markets and limit the rewards to innovation."

Commissioner McCreevy, who is responsible for the Internal Market and Services, said that "promoting innovation to maintain our global position in the face of tough competition from emerging economies" is one of the top five priorities guiding the single market.

"We are working with governments and businesses across the European Union to secure agreement to a Community patent, which would grant innovators IP protection throughout the single market," he said.

"We are also working to establish a unified jurisdictional system for litigating patents in Europe. Such a system should bring more legal certainty. It should also simplify the patent litigation landscape and render the patent system more attractive to users."

The comments echoed Commission Vice-President Günter Verheuegen's statement to the European Patent Forum in April that "an incomplete European patent system puts European businesses at a competitive disadvantage".

At the same meeting, Commissioner Verheugen said he expected the Community Patent to become reality "in the next five years".

Speaking in Nicosia, Commissioner McCreevy said that the central question is "how we remain competitive; how Europe can deliver the new jobs and growth over the long term".

"As the Commission and the European Council have made clear - in our shared Lisbon goals - Europe's future prosperity rests on knowledge and innovation," he said.

Related items:

new e-learning modules available from EPO: EPC 2000 training (may 07)

The European Patent office now offers a range of e-learning modules covering the European patent system, searching and documentation and the special topics: patent valuation and PCT use in China.

A recent module provides a good overview of the main features of the revised European Patent Convention (EPC 2000) which will come into effect on 13th December 2007.

controversy on reforming the US patent laws continues (may 07)

Two separate coalitions of firms are lobbying for different changes to the US patent laws.  Two parallel bills have already been introduced into the House and Senate with provisions which could transform several of the features of US patent law which have made it distinct from most other national patent laws e.g. moving to a system awarding a patent to the first inventor to file a patent application rather than the first one to make the invention.

For more information, see the e websites of the two main lobbying coalitions:

UK-IPO restructuring - new Copyright and Enforcement Directorate (17 may 07)

Ian Fletcher, the new Chief Executive of the UK Intellectual Property Office has started his tenure by quickly restructuring the existing IP Policy Directorate.  According to a briefing note from the Office, a new Copyright and Enforcement Directorate is being set up "with immediate effect" to help in establishing a "modern, fit for purpose copyright framework, education and enforcement infrastructure" to help the Office "meet the challenges of globalisation and the digital age in the post Gowers world."

Duncan Wearmouth will lead the new Directorate on an interim basis until the permanent Director is appointed.  The remaining IP policy and international activities will continue to be handled by the existing IP and Innovation Directorate led by Liz Coleman.

 

US Supreme Court changes the rules for judging obviousness (may 07)

On 30th April, in an important decision affecting the fundamentals of patenting , the US Supreme Court overturned the precedents of many years and set a new, higher standard against which to judge whether an invention is obvious over what was already known.  Although the subject matter concerned improvements in car accelerator pedals, the unanimous decision and the approach to obviousness set out in KSR v Teleflex will serve as a precedent for assessing the patentability of inventions in all technology fields. 

In the decision, the Court rejected the rather formalistic approach which had been followed by lower courts and also the specialist appeals court, instead urging a first principles approach on a case by case basis.  The decision is likely to increase the risk of challenge to some commercially important patents where the level of invention over the prior art is apparently low.  It may also make it more difficult to get US patents for inventions which on hindsight analysis seem to involve apparently routine modifications.

European Commission publishes strategy for enhancing the patent system in Europe (3 apr 07: EC Single Market - Patents)

The European Commission has set out its vision, in the form of a Communication, for improving the patent system in Europe and for revitalising the debate on this issue. Making the Community patent a reality and improving the existing patent litigation system should, together with supporting measures, make the patent system more accessible and bring cost savings for all.

Internal Market and Services Commissioner Charlie McCreevy said: "Patents are a driving force for promoting innovation, growth and competitiveness, but the single market for patents is still incomplete. Our 2006 stakeholder consultation showed that the EU simply must deliver, in particular on the Community patent and sound litigation arrangements, because in today's increasingly competitive global economy Europe cannot afford to lose ground in an area as crucial as patent policy. That is why I propose to have a fresh look at the various options and to work with the Council and the Parliament towards political consensus on real improvement of the patent system."

The Communication highlights that Europe's current patent system is considerably more expensive than the US and Japanese systems.  A Community patent would be far more attractive than models under the present system which is a bundle of national patents. A European patent designating 13 countries is 11 times more expensive than a US patent and 13 times more expensive then a Japanese patent. The existing system of patent litigation in the EU, with the risk of multiple patent litigation in several countries on the same patent issue, leads to unnecessary costs for all the parties involved and causes lack of legal certainty.

US Patent & Trademark Office launches national campaign to inspire young inventors (10 apr 07: USPTO press release

The United States Patent and Trademark Office, together with the Advertising Council and the National Inventors Hall of Fame Foundation (NIHFF), today launched a national, multimedia public service advertising (PSA) campaign to engage a new generation of children in innovation. The campaign seeks to make inventing and developing new ideas part of American children's lives. The PSAs, which can be viewed online, are being distributed to 28,000 media stations nationwide this week. All of the new PSAs will air and run in advertising time and space donated by the media. The spots direct viewers to a website that has been created for the campaign, InventNow.org.

U.S. Secretary of Commerce Carlos M. Gutierrez unveiled the Inspiring Invention campaign at the National Press Club. "In an innovation-driven economy, the key to our future success and competitiveness lies in making sure we are sharing America's culture of innovation with our young people," said Gutierrez. "In doing so, we will prepare them to compete more effectively in the global marketplace and ensure that the United States maintains our global economic leadership."

USPTO's Under Secretary Jon Dudas was also on hand to unveil the campaign. "We see the Inspiring Invention campaign as a wonderful opportunity to show kids how fun and rewarding it can be to create. We hope that children who watch these ads will want to become more inventive; explore math, science, and other creative fields; and then share their new ideas -- to continue America's legacy of innovation."

For generations, the United States has been a recognized global leader in technology and innovation. While the country represents only 5 percent of the world's population, it accounts for nearly one-third of the world's science and engineering researchers and 40 percent of all research and development, according to the Council on Competitiveness However, with increased economic competition globally, it's widely recognized that the United States must take steps now to maintain its leadership. In particular, America must ensure we inspire future generations of innovators.

The new campaign, created in conjunction with ad agency Publicis & Hal Riney in San Francisco, aims to inspire children (specifically the "tweens," ages 8 to 11) to recognize how their imaginations can lead to the technological advances of the future. The campaign communicates that there is a role for every kind of unique curiosity and imaginative idea as it relates to invention. Ultimately, the goal is to motivate children to pursue inventing and innovating as part of their educations and, later, in their careers.

Developed with extensive research with inventors and children, the campaign includes new television, radio, outdoor and Web advertising that feature ordinary children creating inventions to solve everyday problems. The PSAs communicate to children that "anything is possible" and encourage them to "keep thinking." The ads direct audiences to visit a new comprehensive website, www.InventNow.org, to explore and discover their own innate inventiveness and curiosity. Designed by VPI (Visual Perspectives Internet), the site features interactive games and allows children to explore their inventive interests in space, sports, design and entertainment.

"Research conducted for our new campaign found that children are naturally curious and inventive, but they do not realize the impact of their creativity," according to Peggy Conlon, President & CEO of the Ad Council. "We are proud to join with the United States Patent and Trademark Office and The National Inventors Hall of Fame Foundation on this wonderful effort to help children see that there are no limits to their creativity and imagination and that they can have a role in the technological advances of our future if they just 'keep thinking."

The "Inspiring Invention" campaign is one of several educational initiatives in which The National Inventors Hall of Fame Foundation and the United States Patent and Trademark Office partner to encourage children to think inventively. Among these initiatives are the National Inventors Hall of Fame's Camp Invention and Club Invention programs, which are supported by the USPTO. Camp Invention, now in its 17th year, is a summer day camp that fosters creativity and inventive thinking skills that allow children to learn through hands-on activities, subject immersion, and discovery. In 2007, more than 60,000 students will attend Camp Invention in 47 states. Club Invention is an after-school program directed by the Hall of Fame that extends scientific inquiry-based education to after-school sites

National Inventors Hall of Fame Inductee and inventor of the modern microphone Dr. James West said, "This campaign relates directly to our mission of inspiring invention and creativity. It's a prime opportunity for us to capture the attention of children and share with them the wonders of science and technology, inspiring them enough to become involved in life-long endeavours in these fields. Our future, and theirs, will be much richer because of it."

new patent search tool from Google (14 dec 06: from TechNewsWorld)

On 14th December Google released a beta version of its new patent search tool that lets users search the full text of granted US patents. Google Patent Search covers the entire collection of about 7 million patents made available by the US Patent and Trademark Office - from patents issued in the 1790s through those issued in the middle of 2006.  An "Advanced Patent Search" page allows users to drill down to specific criteria, including patent number, inventor and filing date. Google Patent Search uses much of the same technology that powers Google Book Search.

page updated: 02 Oct 2008




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