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The strategy was breathtaking in its boldness. Just days before the USPTO was to hear a challenge to Allergan Inc.’s patents on a dry-eye drug, Restasis, the company transferred those patents to a Native American tribe; the tribe then sought to dismiss the USPTO proceedings by asserting sovereign immunity. Following this action, a number of other patentees made similar transfers to Native tribes, in order to protect their patents. More patentees were poised to do so, should this ploy prove effective. It, however, did not. On 20 July, the Federal Circuit Court of Appeals ruled the tribe’s sovereign immunity did not protect its patents from USPTO review. The ruling thus kept intact a key component of America’s patent system.
The United States is piling up dispute settlement cases against its trading partners at the World Trade Organization while at the same time ironically blocking any progress on the selection of panellists for appeals in the WTO dispute settlement process.
The World Trade Organization last month released the long-awaited ruling of its dispute settlement body on Australia's legislation requiring plain packaging for tobacco products, finding in favour of Australia. Yesterday, Honduras filed a formal appeal against the ruling.
United Nations members in the final days of negotiating the text of the declaration for a late September high-level meeting on tuberculosis have come under pressure from the United States to omit language referring to the importance of making affordable medicines available to patients in need, according to an urgent bulletin today from a health advocacy group.
Oppositions have been filed in India against two patent applications from US pharmaceutical company Gilead for important hepatitis C medicines, according to non-governmental sources. The opposition filings assert that these applications are “evergreening” patents and therefore violate Indian patent law.
NEW YORK – The UN International Telecommunication Union’s Digit Fiat Currency (ITU-DFC) Focus Group is meeting in New York this week to consider the potential promise and pitfalls of central bank-issued digital currency.
Broad patent protection is one of the goals when securing patent protection for inventions (i.e., new products and services). However, issues start to arise when the claim language becomes too broad. For example, broad claims might be construed as a means plus function limitation against the intentions of the patent prosecutor, and in some cases, those patents are invalidated as being indefinite. At least, this is the case with US patent prosecution. The patent laws of other jurisdictions treat means plus function style of claiming differently, and in my experience, less detrimental to the validity of the patent, writes James Yang.
Common standards are essential for technologies, particularly for interoperability. However, a number of technologies essential to standards are patented, which has created issues relating to licensing or high royalties. Last week, the World Intellectual Property Organization organised an information session on patents and standards, including aspects of patent quality, issues relating to international trade, and the role of the organisation in facilitating the relationship between patents and standards.
The Global Innovation Index 2018, launched on 10 July in New York, has lauded the rise of China as a model for how other low and middle-income economies can advance on innovation. Amid this optimism, however, the global innovation divide remains in step with the global income divide, raising questions for how to bridge this gap.
European countries led by Switzerland are experiencing an "innovation renaissance," this year's Global Innovation Index shows, while the scale of China’s rise in the index is “quite astonishing,” Sacha Wunsch-Vincent, senior economic officer at the World Intellectual Property Organization, says in a short video interview with Intellectual Property Watch.