IPWatchdog.com focus is on the business, policy and substance of patents and other forms of intellectual property, such as copyrights and trademarks. Today IPWatchdog is recognized as one of the leading sources for news and information in the patent and innovation industries.
BRICS is an acronym for an association of five countries: Brazil, Russia, India, China, and South Africa. Over the last 25 years, the BRICS economies have been at the forefront of a paradigm shift in the sands of the global economy towards developing economies. This is exemplified by their share in the global economy... Developing a patent filing strategy that includes BRICS economies could be challenging due to the presence of varying national legislation, each mandating its own set of procedures. A precise idea of the costs that could be incurred will go a long way in facilitating strategic decision-making and budget forecasting.
Nike is also asserting one patent related to its Nike Air technology, a footwear sole structure designed to protect an athlete’s joints and muscles from impact forces. U.S. Patent No. 7401420, titled Article of Footwear Having a Fluid-Filled Bladder with a Reinforcing Structure. Issued in July 2008, it claims an article of footwear with a sole structure having a bladder enclosing a fluid that provides an outward force on a first surface and a reinforcing structure extending around a portion of the bladder. Nike alleges that Puma first began infringing on the ‘420 patent in November 2017 when it released Jamming footwear that incorporated a fluid-filled bladder for foot support.
found it disturbing that the Director Iancu would circumvent the prerogative of Congress with recently announced proposed PTAB claim construction changes, though she admitted the decision wasn’t unlawful. She expounded for several minutes on issues of res judicata, which could tie the hands of the PTAB in light of district court or U.S. International Trade Commission (ITC) decisions regarding patent validity. “[This] would completely blow up what we were trying to do as a Congress,” Lofgren said. “It looks to me that the people who disagreed with [the AIA] and lost in the Congress, they went to the Supreme Court, they lost in the Supreme Court, and now they’re going to you, and you are reversing what the Congress decided to do and what the Court said was permissible to do.”
The opinion acknowledges, in a footnote on page 3, that videos of the type that the Klein's created, is not unique. Instead, it is part of a growing genre of “reaction videos” in which portions of an original video are interspersed with commentary to create a new creative work... Luckily for the Kleins, their fans were ready and willing to create a legal fund for their use. YouTube has also taken action to protect some content creators subject to false DMCA notices. However, with over 800 unique users, and over 100 hours of new videos being uploaded every minute, clearly YouTube cannot be required to protect all of its content creators from false copyright infringement allegations. In light of this decision, perhaps we are approaching a time where reconsideration, and revision, of the DMCA, is warranted.
Four years after the Alice decision, we seem to just now be detecting the full impact of the decision. The initial response by the USPTO resulted in an somewhat expected increase in the percentage of applications with eligibility rejections from business-method art units. Three years after Alice, eligibility rejections became much more common across the remaining computer-related technology centers (i.e. 2100, 2400, and 2600)... The sudden increase in eligibility rejections from other computer-related technology centers may have a number of causes. For example, case law from the Federal Circuit and the USTPO began to expanded the application of Alice to inventions that appear abstract despite not being directed to a traditional business-method concept... The increase in the percentage of office actions with eligibility rejections in TC 2100 was much higher than the increase in other computer related technology centers TC 2400 and TC 2600. Given that TC 2100 is a primarily software-focused technology center, this trend discrepancy suggests that post-Alice eligibility assessments performed by software examiners present increased challenges for patenting software based inventions.
The Chinese intellectual property legal system has matured rapidly. Just 40 years ago China did not have a patent system, and today the country is aggressively using patent policy to create an innovation pathway... Meanwhile, China is pursuing what they refer to as the Made in China 2025 initiative.
The biggest complaint about federal labs is it's too hard to complete deals. Many federal labs must run pending agreements through byzantine departmental procedures. Companies wonder what's taking so long and are surprised when negotiated points come back altered... One reason why universities outperform the labs is that many academic licensing officers come from the private sector. They understand the pressures companies are under to complete agreements.
How can we provide trade secret protection in fast-growing industries where employees often leave to work for the competition? How does someone take his or her accumulated experience to a competitor without getting sued? And from another perspective, how do you hire someone with experience and skill, to make sure that’s all you’re getting? This article offers you a few suggestions.
In addition to these other areas of policy interest, however, Phyllis Schlafly had a strong and enduring interest in issues relating to invention, patents and other forms of intellectual property (including copyrights). These intellectual property and innovation issues were very important to her and fundamentally underpinned her views on why America was a great, successful (and unique) country. The importance of the American system of invention and patents was a theme that she returned to again and again over the years.