Columns
The world may need more intellectualcapital management expertise, butuniversities will need a stronger kickup the backside from industry to makeit happen
Why it makes sense to bet on IP now
In a late 2008 decision, which did notcite existing patent law, the US Courtof Appeals for the Federal Circuit mayhave changed patent litigation in 2009and beyond
Innovation plays a vital role in economicrecovery, but a shortfall of intellectualcapital management expertise in industrythreatens to dampen its impact
Features
It is an unfortunate fact that thedownturn will mean manycompanies have to lay off staff.In order to ensure that this doesnot lead to the loss of importantintellectual assets, the processhas to be handled carefully
There are a number of commonassumptions that people makeabout valuing intangibles. Many ofthese are just plain wrong
In many areas intellectual assetmanagement processes inside thebusiness community are workingwell. However, when it comes to IPthere are still a number of importantlessons to learn
Valuing patents isn’t rocketscience. It is much more difficult.Or to paraphrase Winston Churchill:valuing patents is a riddle, wrappedin a mystery, inside an enigma
It has never been more important tofoster the creation and exploitationof intellectual property rights. Theywill play a vital role in helping theworld through the current downturn
Before deciding to use secondarypatents to extend the lifecycle of apharmaceutical patent, it isimportant to work out whether doingso is actually worthwhile. This iswhere valuation comes into its own
While many may argue that it neverreally went away, the patent reformdebate is now firmly back on theagenda in the US following thereintroduction to Congress oflegislative proposals for change
There are many benefits availablefor IP holders that are willing toforge closer relationships with theIP firms that advise them on legalmatters
Management report
Obtaining patent protection forsoftware can be challenging sincerequirements vary from jurisdictionto jurisdiction – as historical andprevailing trends in the UnitedStates, Europe and China bear out
The German Federal Court of Justiceis essentially in line with the EPOBoards of Appeal in their rulings onthe patentability of computerimplementedinventions. Both requirethat an invention have a technicalcharacter in order to be patentable
The landmark Bilski decision hasleft commentators divided as to thefate of business method andsoftware patents in the UnitedStates: some believe they will beharder to obtain and enforce, whileothers view the ruling asconfirmation of their viability
Stakeholders agree that strongerprotection is needed for softwareinventions in India, but the formthat protection should take –and the patentability of suchinventions themselves – are morecontentious issues
Insights
The Patent Reform Act 2009 isnow being discussed inCongress and could lead tosignificant changes to theAmerican patent regime.New personnel at the Court ofAppeals for the Federal Circuitmay well have the same effect
Roundtable
A special roundtable discussionfocusing on the brand creation andmanagement process
Industry insight
Driving innovation in tough economictimes is of fundamental importance, writesAdam Kenney, the product manager forThomson IP Management Services
