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Author - Joff Wild
Despite potential flaws proposed US patent transparency legislation is worth supporting
Legislation introduced in the US House of Representatives yesterday by Democrat Congressman Ted Deutch aims to greatly increase transparency of patent ownership. The End Anonymous Patents Act would, explained a press release, “require any sales or transfers of patents to be disclosed to the Patent and Trade Office [sic], along with a notice of the real party in interest filing by the purchasing entity. The same disclosure requirements would apply to new patents at the time they ...
Posted by Joff Wild, IAM Magazine on 18 May 2013 @ 12:51PM
Do not expect Europe's Unified Patent Court to be up and running until 2016 at the earliest
The UK’s ratification of the agreement to create a unified patent court (UPC) for Europe may not be subject to a referendum, but those expecting a quick sign-off from the British government look as if they are going to be disappointed. In fact, it looks as if the UK will not be in a position to ratify the treaty until the second half of 2015, meaning that it is quite possible that the UPC will not actually get underway until 2016. Yesterday, law firm Bristows – which has ...
Posted by Joff Wild, IAM Magazine on 17 May 2013 @ 7:51AM
Europe's new patent regime - some of the key issues for US-based entities
Last week I posted a story from the US about how law firms in the country are receiving an increasing number of enquiries from clients about how the EU patent and UPC will affect their patent strategies in Europe, and what they should be doing to prepare for their arrival. I also mentioned that senior practitioners at one big firm – Ropes & Gray – had become qualified as English solicitors in order to offer formal advice on the new regime, while others were preparing ...
Posted by Joff Wild, IAM Magazine on 16 May 2013 @ 12:18PM
Software patents come under mainstream political attack in Germany
A few weeks back we ran a blog that looked at the on-going influence of the IP-sceptic Pirate Party in German politics. Although the party has seen its opinion poll rating slump, we said, it has succeeded in persuading mainstream parties to explore more hostile policy platforms. One manifestation of this is in the growing attacks on software patents being made by politicians of all hues in the country’s Parliament. Yesterday, the legal affairs committee of the Bundestag ...
Posted by Joff Wild, IAM Magazine on 14 May 2013 @ 4:53PM
The UPC dodges a UK referendum bullet
Last week the British government announced that it is to introduce legislation that will, among other things, “enable the UK to implement the Unitary Patent Court Agreement”. This, you will remember was signed in Brussels in February and mandates the creation of a unitary court system that will hear disputes relating to the EU patent. The press release put out to explain the government’s move stated: “The Court is a central part in introducing a single patent ...
Posted by Joff Wild, IAM Magazine on 13 May 2013 @ 1:54PM
No, New Zealand has not abolished software patents
There has been a lot of excited reporting over the last 24 hours to the effect that New Zealand has enacted legislation that will ban the granting of software patents in the country (you can see some examples here, here and here). However, before writing a story about this I thought I would contact someone in the country who would know the true situation. So I got in touch with Kate Wilson, a partner based in the Hamilton offices of specialist IP law firm James & Wells. As I ...
Posted by Joff Wild, IAM Magazine on 10 May 2013 @ 11:18PM
The EU patent and court offer huge opportunities for US patent litigators and their firms
Those of us in Europe tend to think of the EU patent and unitary patent court (UPC) as European issues; framed, as they have been , in terms of making life simpler and cheaper for applicants and patent owners from the EU, especially SMEs (though whether that will actually be the case, of course, is an entirely different matter). However, the reality is that what is being formulated will, in fact, have a major global impact and will represent the most significant change to the ...
Posted by Joff Wild, IAM Magazine on 10 May 2013 @ 1:26PM
IAM does Dallas
I have been in Dallas since Saturday for the annual meeting of the International Trademark Association. Following are a few (highly) random thoughts … Africa – over recent years we have seen the emergence of the Asian and Latin American markets. Now, Africa is getting in on the act. Economic growth across the continent is substantial: populations are increasing, disposable incomes are on the up, consumer demand for all types of product is rising. Darren Olivier, a ...
Posted by Joff Wild, IAM Magazine on 07 May 2013 @ 5:34PM
FRAND is a two way street - both sides in a negotiation have to want to play ball
It’s no surprise that the European Commission has today issued a preliminary opinion that in seeking and enforcing an injunction “against Apple in Germany on the basis of its mobile phone standard-essential patents ("SEPs")” Motorola Mobility was potentially abusing a dominant position. Whatever it says, the Commission’s competition regulator has shown time and again that it has a deep distrust of patents and will always look for ways in which their ...
Posted by Joff Wild, IAM Magazine on 06 May 2013 @ 5:07PM
It's time to make the case for strong corporate trademark teams
The annual meeting of the International Trademark Association is now underway in Dallas. As is usual with INTA, the event seems to have overtaken the host city. Everywhere you walk in downtown today you’ll see delegates clutching their conference bags, with their ID badges around their necks. The convention centre, too, is packed with trademark practitioners from all corners of the world. In IP there really is nothing to match the event in terms of scope and size. There are ...
Posted by Joff Wild, IAM Magazine on 05 May 2013 @ 10:47PM
