IP Whiteboard

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...

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:

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...

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.

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