By Nathaniel DeLucia

Though it may not sound too exciting, an important debate just occurred just occurred at the International Union for the Protection of New Varieties of Plants (UPOV).  Leaders in the plant, seed, and fruit industries met to discuss the possibility of creating an “international system of cooperation” for filing plant patents.  This system would appear to operate like the PCT system for patents by providing a centralized filing system, and would be overseen by a team of international examiners.

Plant patents are slightly different than regular patents (utility patents).  They have their own set of rules and examination criteria and are typically governed by their own laws/statutes.

Should these debates lead to the creation of a centralized filing system, they would further the ongoing international trend of harmonizing the world’s intellectual property laws.

See the full story at IP-Watch, located here.

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May 08, 2015

By Craig Tarasoff

The International Trade Commission launched an investigation into claims from Ericsson that the iPhone and iPad infringed on up to 41 of its technology patents. The disputes between these two companies go back to 2008 when a licensing agreement expired. A new agreement on the patents was never reached. Apple filed a complaint alleging Ericsson was demanding excessive royalties. According to Macrumors, if the ITC finds that Apple infringed on the patents, it could prevent the products from being sold in the US until the case is resolved.

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April 23, 2015

By Nathaniel DeLucia

Poland, Hungary, Slovakia and the Czech Republic recently decided to create a centralized patent office, the Visegrad Patent Institute (VPI), which would allow patent seekers to file a single application in order to gain protection in all four countries.  Western Europe has been enjoying success with a similar centralized patent office, the  European Patent Office (EPO), for years.

The VPI is representative of the larger trend toward greater centralization and harmonization of the world’s patent laws, and promises to provide many benefits to potential applicants and central Europe.  These benefits include increased number of international applications, reduced cost, and ease of filing in a centralized location.

For the complete story, check out IP-Watch’s article located here.

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April 06, 2015

By Jieying Ding

The United States International Trade Commission (ITC) has decided to open an investigation to decide whether certain Samsung products should be blocked from entering the U.S. market because of its infringement on patents owned by NVIDIA, a global technology company based in California, according to the Market Watch. The products at issue include some of Samsung’s most popular products: Galaxy Note 4, Galaxy S5, and Galaxy Tab 2. NVIDIA, on the other hand, has been very pleased by ITC’s announcement. 

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November 20, 2014

By Nathaniel DeLucia

One of the most important discussions in international and United States law is currently underway, although most Americans probably have no idea, that of patent law reform.  Yes I know, patent law is not nearly as sexy as “counter-terrorism” or “Ebola” (though this does involve patent law as I will explain later).  However, the recent trend to reform and unify the world’s patent laws has the potential to have a tremendous impact on international trade.

Last month, the world’s top IP leaders (the U.S., Japan, Korea, China, and the EU) announced efforts to reduce differences in patent laws. 

Before we dive into current events, it’s important to get some background information.  To start, patent law is fundamentally a matter of domestic law; each country has its own patent laws and its own patent system.  Thus, if a company wants protection in multiple countries, they will have to file patent applications in each relevant country.  

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November 03, 2014

By Nathaniel DeLucia

The World Intellectual Property Organization (WIPO) created the Medicines Patent Pool in 2010 to bring HIV medicine to developing countries at affordable prices.  Now, at the annual General Assembly of the WIPO, the organization is considering expanding the program to fight other diseases.

The patent pools provide a centralized location for numerous patent owners and generic companies to meet and trade.  The result is easier negotiations, leading to more license agreements and, ultimately, lower prices.

For more information on these potential patent pools, see Intellectual Property Watch’s article, located here.

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October 06, 2014

By Nathaniel DeLucia

A number of countries including and most notably China and Israel will join the PCT Patent Prosecution Highway (PCT-PPH) pilot program which will allow  for accelerated and easier patent prosecution through cooperation and coordination with other nations and international bodies.   

For the complete story and list of countries who have recently joined the pilot program, see the PCT Newsletter, located here.

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September 20, 2014

By Min Wu

The United States Patent and Trademark Office (USPTO) announced the creation of a new Office of International Patent Cooperation, according to IP-Watch. The new office aims at implementing international patent cooperation efforts in the United States and harmonizing patent systems. 

The new office will help “increase certainty of IP rights while reducing costs for our stakeholders,” said USPTO Deputy Director Michelle Lee in a statement. 

The achievements of USPTO in international patent cooperation include the Patent Prosecution Highway, the Global Patent Search Network, and the Cooperative Patent Classification system.

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April 11, 2014

By Matt Klinger

According to a recent New York Times article, scientists are busily at work attempting to resurrect the passenger pigeon from extinction.  More than a billion of the birds once populated the eastern United States, but the last one died in 1914.

Scientists are now sequencing passenger pigeon DNA and developing elaborate plans to recreate the bird's cells, introduce them into an existing type of pigeon, breed the offspring, and eventually train the resulting passenger pigeon-like birds to behave as their "ancestors" did.  With any luck, scientists believe a new population of passenger pigeons could be self-perpetuating by 2060.  

The prospect may seem far-fetched but at least one animal has already been brought back from extinction, even if only briefly.  The possibility of re-creating dead species has some envisioning Jurassic Park-like scenarios where woolly mammoths again roam Siberia.  But, as Stanford Law professors Jacob S. Sherkow and Hank Greely note, the issue raises a host of legal questions.  For instance, could de-extinct species be patented?  Would they be "endangered?" And what regulations, domestic and international, should be in place to govern the process? 

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March 07, 2014

By Min Wu

The European Patent Office (EPO) published a decision rejecting an attempt to patent human foreskin cells suitable for culturing stem cells, according to IP-Watch. The EPO said in its decision that inventions using human embryonic stem cell lines derived from the destruction of the human embryos are not patentable under the European Patent Convention.

In 2011, the European Court of Justice (ECJ) ruled that no patents may be issued on stem cell research if human embryos have been destroyed in the process. Although the ruling is not binding on the EPO, the EPO observed that its decision is consistent with the ECJ ruling.

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February 12, 2014

By Maurice N. Ross*

By Michael Darcy Brown, Stock Photo 45685957

The U.S. has long been the world’s leader in protecting intellectual property rights, often criticizing China, Russia, India, and countries in Latin America for lack of respect for patents, copyrights, and other intellectual property rights. China, India, and to a lesser extent Russia have made significant progress towards acknowledging the importance of respecting intellectual property rights in international trade. Ironically, however, a war is being waged within the U.S. to weaken U.S. intellectual property right laws and make it more difficult to enforce U.S. patents, copyrights, and trademarks against counterfeiters and other infringers. The outcome of this war—being waged in both federal and state legislatures within the United States—could have a profound impact on international trade. 

The “founding fathers” of the United States believed that it was crucial for the economic success of America’s fledgling democracy to provide economic incentives for those who devote their energies to developing new technologies as well as works of art, music, and literature. Thus, pursuant to Article I, Section 8 of the U.S. Constitution, Congress was empowered: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”  

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November 19, 2013

One of GJIL’s sister journals, the Georgetown Law Journal, will be hosting a daylong symposium on Nov. 8 about “disruptive technology.” It promises to be interesting given all the international drama surrounding technology of late -- from surveillance programs to intellectual property.  

The keynote will be delivered by Neal Katyal, Georgetown professor and national security guru. Other panels will focus on 3-D printing and patents, driverless cars and tort liability, and mass surveillance technology. 

You can find more details and RSVP online.

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November 02, 2013

By Phillip Yu

The World Intellectual Property Organization (WIPO) has recently expanded its patent registry, PATENTSCOPE, to include more than 28 million searchable patent documents dating from 1790. The database allows users to search for patent documentation in multiple languages, and the best part is that it is a free service. Each patent document includes general data, descriptions, claims, notices, and diagrams and drawings.

Even if patents are not your specialty, the site is worth a look just to see the latest in what people are patenting. Check out WIPO’s press release for more detail.

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September 03, 2013