September 29, 2016
A significant potential impact of Brexit for UK patent owners is the possibility of missing out on the UPC. However, if the UK were to ratify the court system, there may still be a chance of becoming a member of the unitary system. Other participating states are reported to seek the UK going forward with ratification. Indeed, with the Netherlands recently ratifying the court system, pressure is mounting, with EPO director Froehlinger saying that the other member states’ goodwill towards the UK could vanish, leaving the UK out in the cold.
Alice based 101 type invalidation has had another development with regards to cases to use as guidance. In McRO vs. Bandai Namco Games, McRO’s lip syncing animation patents were being challenged. They took the case to the federal circuit, who ruled that caution should be taken not to oversimplify a claim and that without oversimplification the claims were not directed to an abstract idea (as ruled by the district court) as they focused on a specific improvement in computer animation. Using this, Enfish and Bascom prove Alice isn’t the sure fire hunting ground it was originally thought to be.
To those outside the IP world, it can be hard to grasp the value of IP to businesses. However, the US Department of commerce has released a report which details that “IP-intensive industries” are responsible for supporting 45 million jobs and $6T dollars of associated GDP in the US alone. This shows the true value innovation brings to a country’s economy, and why a company’s IP strategy is of such high importance given its impact on their products and therefore revenues and future prospects.
Our managing Director, Jon Calvert, has written two interesting articles on the history and evolution of IP strategy. Both are very detailed and provide some nice insights into the importance of IP strategy and how effective strategies are achieved.