AI in Patent Law: Enabler or Hindrance?

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Filing a patent is the clerical equivalent of pulling teeth — at least in the U.S. It first requires inventors to determine the type of intellectual property (IP) protection they require (i.e., utility, design, or plant). Then they’re on the hook to conduct a United States Patent and Trademark Office (USPTO) database search for similar inventions. If and only if the novelty of their idea passes muster are they allowed to proceed to the next step, which is preparing an application and fees. ...

02 November

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Ecuador May Soon Reap the Benefits of the Patent Prosecution Highway

Posted by coffylawpro

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Ecuador has been participating in a pilot program of the Patent Prosecution Highway (PPH) since 2016 but has as of yet failed to implement the system for a number of reasons. However, with the announcement in July that Ecuador may join the Pacific Alliance next year under its new President, Lenin Moreno, and a general market-friendly shift in government, it is expected that the PPH could soon become effective. PPH Benefits The PPH is a system that enables an applicant who receives a positive ruling on patent claims from one PPH participating office to request accelerated prosecution of corresponding claims in another participating office....

01 November

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Know the Risks Before Licensing Unregistered Trademarks in China

Posted by coffylawpro

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Despite the tough talk in Washington D.C., the ability to expand your business internationally to countries such as China is exciting. But what are the steps? How do you do it and what are the issues? Some of the most common starting points include contracting an advertisement agency to run a $2 million marketing campaign on WeChat, opening an online store at JD or TMALL, and/or finding a retailer/distributor to sell your products in exchange for a percentage of each sale. But here’s the main question: What if your trademark is not registered in China? Questions to Consider Here are some examples: Elizabeth...

01 November

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Other Barks & Bites for Friday, November 1: CAFC Arthrex Decision Makes PTAB Judges Inferior Officers, USPTO Seeks Comments on IP Protections for AI Inventions and Reports to Congress on SUCCESS Act

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Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in Other Barks & Bites: the Federal Circuit hands out three precedential decisions; the USPTO sends its SUCCESS Act Report to Congress; the Copyright Royalty Board proposes royalty rates on ephemeral recordings for certain Internet transmissions; China unveils legislation to create a public blacklist for patent offenders; the Ninth Circuit revives a copyright case against Taylor Swift’s “Shake It Off”; Google agrees to buy Fitbit for $2.1 billion; and the USPTO seeks public comments on the type of IP protections that should be extended to...

November 2019

AI in Patent Law: Enabler or Hindrance?

Ecuador May Soon Reap the Benefits of the Patent Prosecution Highway

Know the Risks Before Licensing Unregistered Trademarks in China

Other Barks & Bites for Friday, November 1: CAFC Arthrex Decision Makes PTAB Judges Inferior Officers, USPTO Seeks Comments on IP Protections for AI Inventions and Reports to Congress on SUCCESS Act