Management report
Deciding whether to proceed withlitigation or to forgo or settle aninfringement claim requires thata broad number of factors becarefully weighed
New clauses on the protection ofgenetic resources were added tothe amended Chinese Patent Lawfour years ago. So far, it appearsthat the new filing requirements – inparticular, the genetic source form –are not placing an undue burden onapplicants
Reach-through claims – whichallow broad protection foran invention – have been acontentious issue for years. TheGerman Federal Court’s recentdecision on dipeptidyl-peptidaseinhibitors suggests that the matteris far from settled
The Mexican legal frameworkrequires some improvementsto grant legal certainty to bothinnovators and applicants forgeneric and biologic follow-ons
Although South Korea’s new Patent-Approval Linkage System will not befully implemented until 2015, thereis already keen interest from globalpharmaceutical companies. Yetwhile the system should strengthenpatent rights, it may also increasethe number of disputes
Judicial, legislative and politicalscrutiny of the patentability ofbiotech and pharmaceuticaltechnologies is presentingsignificant global challenges tothese sectors
As the Indian patent regime iscontinually evolving, applicantsseeking to protect their inventionsin India must pay careful attentionto the legislation and Patent Officeguidelines
Features
The significant increase in thevolume and availability of dataabout intellectual property,combined with major advancesin data science, make this theperfect time to apply big datasolutions in order to producepowerful analytics and IPvisualisations
Product design is a key aspect ofcompetitiveness and differentiation.Businesses are increasingly seekingdifferent ways to protect theirdesigns using IP rights. There area number of options to consider,each with different implications forvalue creation
At the end of last year, IntellectualVentures launched a publicdatabase providing details of33,000 patent assets that itcurrently owns and manages,allowing an in-depth analysis of itsportfolio for the first time
Experience, expertise and thelatest know-how are the keysto success in turning R&Dinvestments into commerciallyviable products and services
With more consumer activity takingplace online than ever before,it is imperative to find ways ofmeasuring the economic valueadded by technologies that enablee-commerce, especially when itcomes to calculating awards forpatent damages
Companies with R&D operations inboth China and the United Statescan choose the best jurisdictionin which to file their initial patentapplication. This can have a majorimpact not only on priority andgrant dates, but even on the qualityof the initial patent draft
While hundreds of nominations arereceived, only a select few individualsare chosen for induction into theIP Hall of Fame each year. Theachievements of this year’s inducteesconfirm their status as thoughtleaders in their respective fields
Last issue, we revealed thecompanies that own the 100 largestportfolios of active US patents. Here,we expand the list to name each ofthe 344 entities holding portfolios ofover 1,000 assets, representing 55%of all US patents currently in force
While large portfolios oraggregations of valuable patentscontinue to earn record-breakingroyalties, some rights holders arelooking at alternative means – suchas outright sale or privateering dealsto patent aggregators – to extractvalue from small patent portfolios
Columns
Article 35 of Japan’s Patent Law –giving employees patent rights intheir inventions – has come under firefor its failure to define ‘reasonableremuneration’ and lack of clear guidance,which risks impeding economic growth
While an IP strategy is the goldstandard, it is not always possible dueto constraints on time and resources.However, a patent roadmap and partialdeployment by IP teams can still make adifference to an organisation’s bottom line
Over the next three to five years, halfor more of the 30 or so public patentlicensing companies are likely to merge,go private or otherwise disappear.That’s not necessarily bad news for IPinvestors or holders
The US Supreme Court has rejectedthe existing standard set by the Courtof Appeals for the Federal Circuit forattorneys’ fees under 35 USC §285and mandated a more deferentialstandard of review for district courtfee determinations. As a result, courtswill likely see an increase in claims forattorneys’ fees under the US Patent Act
Insights
A round-up of IP-related quotes, observations and opinions fromthe recent past ...
Accusations made againsthim by one of his deputieshave cast a shadow overWIPO director general FrancisGurry’s recent unopposedre-election; while theorganisation’s response tocoverage of what is allegedraises worrying questionsabout its belief in the freedomof the press to report the news
Data centre
A selection of key IP facts and figures, as reported by IAM and other sources
Industry insight
Emerging markets are closing in ontheir more developed counterparts, withChina’s patent and research growth nowdwarfing that of the United States, writesBob Stembridge of Thomson Reuters
