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Brazil jurisdiction report: Can the patent backlog be beaten?

Brazil03-11-2017Maria Alice Calliari and Vinícius Loureiro Casciano

The Brazilian Patent and Trademark Office has built up a tremendous patent backlog that is hampering the functioning of the patent system. Recent official data shows that a patent application would take 11 years before reaching a final decision. The prospect is bleak: IT inventions may take more than 14 years to get examined. In a rapidly changing field such as this, protracted examination renders most patents unusable.

US jurisdiction report: The benefits of the provisional patent application

US01-11-2017

With the enactment of the America Invents Act (AIA), signed into law on September 16, 2011 and effective as of March 16, 2013, there are radically new criteria governing who will be awarded a US patent, writes Paul Sutton of Sutton Magidoff.

Alive and well: the doctrine of equivalents in the US

US01-11-2017John Pegram

Decisions restating the doctrine of equivalents by English and German courts within the past year, especially in the Eli Lilly v Actavis litigations, suggest a review of how the DOE is applied in the US, writes John Pegram of Fish & Richardson.

Sweden jurisdiction report: Universities - a hub of innovation

Sweden24-10-2017Maria Zamkova

As noted by the Organisation for Economic Co-operation and Development, “public research”, meaning research primarily funded with public money and carried out by universities and public research institutions, plays an extremely important role in innovation systems by ensuring the provision of new knowledge.

Mexico jurisdiction report: Dealing with third party observations

Mexico21-10-2017Mariana Gonzalez

According to article 52bis of the Mexican IP Law (in force from September 17, 2010) it is possible to file a formal observation brief before the Mexican Institute of Industrial Property containing documents and arguments surrounding the patentability of an invention claimed in a patent application within a term of six months from its publication in the Official Gazette.

IP portfolio audits: Conquering the odds

International20-10-2017John Boyd

Patent portfolios require constant monitoring, amending and culling in order for businesses to keep pace with their competitors, says John Boyd of TechInsights.

Germany jurisdiciton report: First compulsory licence for a pharma product

Germany20-10-2017Jochen Bühling

In a landmark decision on July 11, 2017, the German Federal Court of Justice (Bundesgerichtshof) for the first time confirmed the grant of a compulsory licence under the German Patent Act (docket no. X ZB 2/17).

China jurisdiction report: New guidelines for patent infringement

China19-10-2017Hui Wang

To improve the handling of patent infringement cases by judges and to provide a uniform standard, the Beijing High People’s Court amended its 2013 “Guidelines for Patent Infringement Determination” and issued a new version on April 20, 2017.

Patent infringement in China: finding the source

China17-10-2017Yuanyuan Tian

Courts in China should take a cautious approach in applying the ‘legitimate source’ defence to patent infringement, says Yuanyuan Tian of CCPIT Patent and Trademark Law Office.

Written description: a state of uncertainty

US16-10-2017John Bailey, John Heithaus and Ohireime Eromosele

As the bounds of antibody written description have yet to be clarified in the US, what can applicants do to protect their inventions? John Bailey, John Heithaus and Ohireime Eromosele of Birch Stewart Kolasch Birch find out.

Showing 1 to 10 of 827 results

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