Category Archive for: ‘Patents’

Inventors speak: IPRIA patent infringement survey

On Tuesday 9 June, I attended an IPRIA seminar at which Kimberlee Weatherall (UQ) and Assoc Prof Beth Webster (Melbourne) of IPRIA presented the res

Read More
Subjects:

The perils of enforcing US patent rights: Developments in declaratory judgment jurisprudence

The US Federal Circuit recently held that when seeking a declaratory judgment in relation to a patent held by a foreign entity, specific personal jurisdiction is only appropriate where that entity has sufficient contacts with the jurisdiction in which the judgment is pursued.  

The rationale for this is found in the due process requirements in the US Constitution.  Essentially, jurisdiction is appropriate over an entity when it would be fair to haul it before courts in that forum.  Fairness, in turn, can be established where:

Read More
Subjects:

US Supreme Court to rule on business method patents in Bilski

A data processing system for pooling the assets of investors; a method for structuring a financial transaction to protect an individual’s assets; a method of hedging against the risk of a spike in the price of coal: are these patentable inventions?

Read More
Subjects:

PCT II – A step closer to an international patent?

The United States Patent and Trademark Office has proposed to WIPO a comprehensive overhaul of the PCT system, dubbed PCT II, which would further internationalise the patent application system.

Read More
Subjects:

New Zealand Patents Bill gets first reading in Parliament

The Bill to replace the Patents Act 1953 (NZ) has finally received its first reading in Parliament.  Copies of the draft Bill, the explanatory memorandum, and the first reading speeches are available at http://www.parliament.nz/en-NZ/PB/Legislation/Bills/a/f/2/00DBHOH_BILL8651_1-Patents-Bill.htm

Read More
Subjects:

It’s easy (and quick) being green – UK to fast-track green patent applications

The United Kingdom has launched an initiative where ‘green’ or environmentally friendly technology can be fast-tracked through the patent application process.  The scheme was launched on 12 May by UK Minister for IP, David Lammy, in a bid to support inventions that may assist in combating climate change.  Under the new scheme, the time for a patent application to progress to grant may be reduced from the usual two to three years to just nine months.

Read More
Subjects:

A cautionary tale (and tips) for inventors

Taking steps to protect your invention could seem like a hassle when you’re buzzing with excitement and want to tell the whole world about your great new idea.  But it’s worth taking a moment to stop and consider how to best protect your invention, as this cautionary tale demonstrates.

Read More

The winner doesn’t always take it all – apportioning costs in patent cases

Everyone is aware of the ordinary rule: costs follow the event.  A successful litigant will recover costs in the absence of special circumstances.  But what constitutes special circumstances in patent cases?  The recent Full Court decision in PAC Mining Pty Ltd v Esco Corporation (No 2) [2009] FCAFC 52 highlights where the Court may depart from the ordinary rule and apportion costs on an issues basis.

Read More

Page 27 of 27« First...1020«2324252627