Interesting and Relevant IP-Related News
The IP Recap
What would No-Deal mean for IP?
Once article 50 was filed, most of the reassurance sought was for what Brexit would mean in terms of immediate impact. The answer was not a lot, but as negotiations have gone on, talk has turned increasingly to what a deal would look like, or whether the UK would take such a deal. From an IP standpoint, that leaves some aspects rather uncertain. Finnegan recently published this overview, which explains the UK’s position in the case of a no-deal Brexit.
Why it Matters
The government has assured that “all existing registered EU trademarks and registered Community designs will continue to be protected and enforceable in the UK by means of providing an optional equivalent UK trademark or UK design registration” and that applications pending at the point of exit will be given a 9 month period to refile in the UK. This will involve some additional costs but does also mean that anyone seeking to protect trademarks in the UK via the Madrid/Hague systems will be dependant upon the terms of any deal. Similarly, unregistered designs will continue to be enforceable and protected, and will be superseded by a mirrored piece of legislation if necessary. Copyright from the UK will be unenforceable in the EEA, which the authors speculate could mean UK consumers may see online content restricted when in the EU. Geographical Indications legislation will also be mirrored, but it may be the case that UK producers will need to apply for EU collective marks to remain protected in the same way as the EU offers. Crucially, exhaustion of rights will remain unchanged.
None of these points address concerns about the unitary patent scheme and the issues surrounding ratification, but in the short term, it looks like no deal will only cause small changes.
Can the life sciences learn a lesson from the tech world?
The explosion of the smartphone changed the landscape of tech, but with it came many complexities around IP that would have been very difficult to foresee. The rise of NPEs, the growth of patent pools, and the litigation wars have changed IP enforcement. Now, other rising areas of tech have much to look out for in case similar events unfold, as discussed in detail by IAM for the case of life sciences
Why It Matters
Life sciences, as was the case for some smartphone technologies, has much innovation stemming from research coming from universities. One of the sources of patents used by NPEs against smartphone companies was also from universities, and this could be a development to watch out for and to try and learn countermeasures from.
Another tech development which could be problematic is that of FRAND licensing rates. In life sciences, the established rule of “pay for delay” settlements, where manufacturers of generics can get access to drugs from innovators by paying a fee out of court. In the aftermath of cases like Huawei v ZTE, where the exact calculation of the FRAND licensing rate became a central issue, this model could get broken by complicating the rate calculations.
A final piece of a similar magnitude is that of patent pools. This is particularly important since CRISPR already has a patent pool associated with it, and if this is successful then it is highly likely other technologies could end up with patent pools associated with them.
Learning the lessons from how these instances played out in the tech industry will prove educational for players in the life sciences field who may be facing the same challenges tech did.
Adults needlessly excited about Sony’s toy
Tech blogs and magazines love trying to find hints about upcoming tech. As a result, many articles get covered based on newly published patent filings from tech’s big players in an attempt to uncover features on soon-to-be-released products. However, in the case of patents, it isn’t always as easy as that and sometimes can lead to a misinterpretation of the intended applications of an invention.
Why it Matters
In games, it appears that retro is very exciting. That was certainly the feeling when many sources published excited previews of a new “game cartridge” coming from Sony, which fed speculation for a new handheld gaming device. This would have been a major break from Sony’s established traditions of using discs. However, the design patent under discussion didn’t actually give details about how it would function, and it was only when someone reviewing Sony’s existing products spotted the exact design in use in Sony’s Toio toy platform, and that tech publications had instead been taught a lesson in how a company could possibly use their IP strategy to mask their innovations and purposefully mislead competitors.
- Patent applications filed in the field of self-driving vehicles in Europe rises
- IBM patents Blockchain System to create ‘Trust’ between AR Game Players, Real World Locations
- Protecting Your Brand Portfolio: Four Steps for a Proper Trademark Audit
- Moving from Idea to Patent: When Do You Have an Invention?
- Protecting an Idea: Can Ideas Be Patented or Protected?
- EPO Publishes Revised Guidelines on Computer-implemented inventions
- Why Non-Practicing Entities (NPEs) Are Good For China
- Licensed to Thrive: A Due Diligence Roadmap for Would-Be Software Licensors
- PCT 101: International Patent Application Filing Basics
- 5 Mistakes Businesses Make with Trademarks and Brands
- USPTO Announces Access to Relevant Prior Art Initiative to Import Prior Art Citations into Patent Applications
- Trade Secrets: Intellectual Property Considerations and Guidance for Start-Ups
- Sony Patents Hand Tracking Kit
- Apple aims to patent iphones that work flawlessly under rain
- A Patent Dream Come True
- Patent Assertion Entities Invest Twice as Much in R&D as Major U.S. Tech Firms
- Visualizing Outcome Inconsistency at the USPTO
- UK Government’s IP Guidance if No Deal on Brexit Can Be Struck
- Oppo’s patent surge indicates expansion plans and focus on fast-charging technology
- Brokered patent sales are on the up as more buyers get active
- Re-conceptualising IP risk management
- IP risk management goes mainstream and some see big bucks ahead
- Flurry of infringement lawsuits underline Fortress’s growing power
- Jury still out on foreign NPEs in China
- Red Hat’s patents will help IBM build cloud presence, exclusive analysis reveals
- SEP owners must beware of hindering Europe’s golden 5G opportunity
- Modernise or die – why corporates need to push their patents
- Activist investor – companies too focused on number of patents they file each year
- Nokia announces it is joining Avanci
- Four patent lessons the tech sector can teach life sciences companies
- After Technicolor deal InterDigital turns its attention to China
- Oppo’s lastest patent acquisition underlines focus on Europe
- Can AI inventions be patented in Europe?
- LG patent hints at a 16-lens smartphone camera
- Instagram kills off fake followers, threatens accounts that keep using apps to get them
- A closer look at HTC’s blockchain phone, the Exodus 1
- Move over Le Creuset? A new cookware startup founded by and for millennials is getting down to business
- A closer look at Royole’s foldable display
- VOI Technology, the e-scooter startup from Sweden, raises $50M led by Balderton Capital
- WeWork is getting serious about China
- Meituan, China’s ‘everything app’, walks away from bike sharing and ride hailing
- Facebook has other ties to Definers, the GOP-led opposition research group
- Travel startups are taking off
- Uber continues to lose money as it scales scooters, bikes and other new businesses
- Meet Jennifer Tejada, the secret weapon of one of Silicon Valley’s fastest-growing enterprise software startups
- Microsoft to acquire Xoxco as focus on AI and bot developers continues
- GM is going to allow Ford vehicles and other competitors on its Maven car-sharing platform
- Kofax to buy Nuance’s imaging division for $400M in cash
- SpaceX’s Starlink aims to put over a thousand of its communications satellites in super-low orbit
- Ford buys electric scooter startup Spin
- Here’s what Samsung’s wacky folding phone looks like in action
- Grab pulls in $250M from Hyundai as ongoing round reaches $2.7B
- Starship is using self-driving robots to deliver packages on demand
- Sony posts $2.1B profit as PlayStation sales keep on growing
- Nintendo turns to old favorites Mario and Pokémon to hit lofty Switch target
- Assessing IBM’s $34 billion Red Hat acquisition
- IBM to buy Red Hat for $34B in cash and debt, taking a bigger leap into hybrid cloud
- Google challenged over location tracking