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From the News Portal
Title/Abstract
Patenting in Europe, EPO Fee Policy Regarding the PCT International Search Opinion
Information from the European Patent Office
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Latvia Joints the European Patent Organization as its 31st Member State
EPO - Press releases
...
European Patent Office continues to advocate harmonisation in the field of CII patents
European Patent Office
...
Trilateral patent offices set to improve mutual exploitation of their work
European Patent Office
...
WIPO Report Reveals Changing Geography of Innovation with Highest Patenting Growth Rates in North East Asia
World Intellectual Property Organization -WIPO-
The 2007 edition of the Patent Report of the World Intellectual Property Organization (WIPO) (http://www.wipo.int/ipstats/en/statistics/patents/patent_report_2007.html) shows that worldwide filings of patent applications have grown ...
Section 103 of the US Patent Act is Alive
Martha L. Arias, IBLS Director
Patent holders: be careful; section 103 of the US Patent Act is alive. This caveat seems to be the broad- nontechnical message ...
Chaotic Environment for U.S. Patents
IBLS Charter Partner: Gerry Elmans, Elman Technology Law, P.C., www.elman.com
The recent US Supreme Court case, KSR International v. Teleflex, answered the following question: "If a new product combines, albeit in a novel way, ...
Patent Highway between the UK and Japan opens
UK Intellectual Property Office
A 12 month pilot scheme launched today will speed up processing patent applications in the UK and Japan. The Patent Prosecution Highway (PPH) will allow ...
Software patents: the ‘historic vote’ in the European Parliament brings the battle to an end
European Parliament
...
Jury Decision in CollegeNET, Inc. v. XAP Corporation Expands Application of the Lanham Act to Internet Companies
Arthur S. Beeman, Partner, DLA Piper San Francisco, arthur.beeman@dlapiper.com
DLA Piper US LLP has successfully represented CollegeNET, Inc., a leading provider of Internet solutions for higher education, in a dispute against Xap Corporation. ...
Cybersettle Verdict Upholds Patents for Online Dispute Resolution
Michele Markel, Greenberg Traurig New York, markelm@gtlaw.com
Cybersettle, Inc., the world leader in accelerated dispute resolution, whose President is the co-inventor of Cybersettle’s automated, online, double-blind bid system, has announced that ...
Comparative Study of the Chinese Patent Law Practice, Part I: Obtaining a Chinese Patent
By Yalei SUN, taken from www.oycf.org
...
Free Software Community Challenges e-Learning Patent
IBLS Contributor: Jim Garrison, Software Freedom Law Center, U.S., garrison@softwarefreedom.org
The Software Freedom Law Center (SFLC), provider of pro-bono legal services to protect and advance Free and Open Source Software, has filed a formal ...
European patent system is too costly and may be discouraging innovation
European Parliament
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Burst.com Files Counter Suit Against Apple
Internet News.com
...
The European Institute of Technology opens its doors in 2009
Editor, Maricelle Ruiz, IBLS Director -- Europe
Europe is in the process of joining the list of regions in the world with elite higher learning institutions specifically focused on technology. The ...
The Information Technology era is Showing its Prominence: Social Media is Seeking Patents for its Innovative Business Models
Martha L. Arias, LL.B., J.D., LL.M.
The so-called social media or search engine companies are developing creative search methods that enhance search results. Yet, these companies do not want ...
Japan’s Intellectual Property Department Top E-filers Firms
Martha L. Arias, IBLS Director.
Japan’s Intellectual Property Department (IPD) recently published the top 10 users of its E-filing system to submit trademark, patent and design forms. Deacon is ...
Use of Intellectual Property by Health Research Institutes in Developing Countries
World Intellectual Property Organization- WIPO
A three year project funded by the Geneva International Academic Network (GIAN) and coordinated by the World Intellectual Property Organization (WIPO) has developed a ...
Automatic Injunctions in Patent Cases must Conform to a Four-Prong Equitable Test.
IBLS Editorial Department
eBay v. MercExchange seven-year-patent dispute is finally over. Ebay has bought two patents that MercExchange alleged it owned and for which MercExchange accused ...
London Agreement Patents Law to be Enacted May 2008
Kelly O'Connell, IBLS Editor
Getting patent coverage across Europe is set to get easier and cheaper on May 1, 2008 when a new protocol called the “London Agreement” ...
Public Hearing in Berkeley, California, to Focus on Intellectual Property
U.S. Federal Trade Commission, www.ftc.gov
The Federal Trade Commission today announced the fifth and final hearing in a series exploring the evolving market for intellectual property. This hearing will ...
Patent Infringement Involving Internet Billing Methods
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
The United States Court of Appeals for the Federal Circuit affirmed a Wisconsin district court's decision granting summary judgment for eBay in a patent ...
Does US Patent Law have Extraterritorial Application?
Martha L. Arias, IBLS Director
The US Patent Act (title 35 U.S.C) is the legal framework for patent protection in the US. The US Patent Act § 101 ...
Unlocking inventive step — the Australian High Court in Lockwood Security Products v Doric Products
IBLS Contributor: Shaun McVicar, Campbell Thompson, Freehills Law Firm, www.freehills.com
The High Court has handed down its second judgment in the case of Lockwood Security Products Pty Ltd v Doric Products Pty Ltd1, which ...
Intellectual Property Rights in Argentina
IBLS Editorial Department
Argentina protects copyrights, patents, and trademarks; they are called industrial property rights. This article presents the laws regulating copyrights and trademarks and the basic ...
Audacious Startup Seeks to be Central Web Clearinghouse for Academic Intellectual Property
Kelly O'Connell, IBLS Editor
A company, called SparkIP, formed by former academics from Johns Hopkins and Duke University is attempting to position itself as a central repository for ...
African Latin-American Project Teaches Intellectual Property Development while Encouraging Medical Breakthroughs
Kelly O'Connell, IBLS Editor
The World Intellectual Property Organization (WIPO) recently reported a successful effort to bring Intellectual Property Rights (IPR’s) into an area of the world that ...
E-Business Patent Infringement Cases: Complex Issues to Unravel
Martha L. Arias, IBLS Director
Certainly, Google has already earned its place in history as the most-sued Internet Company. Every novel intellectual property (“IP”) cause of action has ...
Local Working of Patents in India
IBLS Contributor: Gladys MIRANDAH, patrick mirandah co., singapore@mirandah.com
There is a requirement to file a statement of information (Form 27) regarding the working of a patent in India. The working of a ...
E-commerce Patents
Martha L. Arias, IBLS Director
E-commerce patents are the latest protection for innovative business methods delivered online. Many claim e-commerce models are not patentable because the subject matter ...
Online Data Privacy and Methods or Mechanisms to Detect Violations
Martha L. Arias, IBLS Director
In the United States, online private companies' collection and use of customers" personal and identifiable information is subject to government regulations on data privacy. ...
Patent Courts in Russia by 2012
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Editor
According to Russian attorney Mr. Vladimir Biriulin and official press releases, Russia may have specialized patent courts by the year 2012. In October ...
Does Patent Infringement Constitute an Advertising Injury under California Law?
Martha L. Arias, Immgration & Internet Law Attorney, Miami; IBLS Director
Large companies, in particular, have websites that offer sophisticated electronic services. Many of these electronic services are patented programs or advertising methods. What ...
Ethimological Dictionary of Legal English Terms
Gaetano Paluccio
INTERFERENCE in patent law an interference is a proceeding conduct by the board of patents appeals to determine conflicting claims among competing applicants. In ...
 
From the Digital Library
Title/Abstract
Sri Lanka Patent Law
IBLS Editorial Board - Staff Attorney
Sri Lanka is signatory of the key international treaties regarding patents, including TRIPS (Trade-Related Aspects of Intellectual Property Rights), the Paris Convention and the ...
PATENT APPLICATION IN OMAN
IBLS Editorial Board - Staff Attorney
Oman, in conjunction with the Patent Office of the Cooperation Council for the Arab States of the Gulf (GCC), operates a WIPO-compliant patent regime, ...
PROTECTION OF PATENT RIGHTS IN CHINA
IBLS Editorial Board - Staff Attorney
The Government of China grants patents for certain inventions, technical solutions and designs. Some items are not patentable. An application must meet ...
KUWAIT LAW RELATING TO PATENTS, DESIGNS AND INDUSTRIAL MODELS
IBLS Editorial Board - Staff Attorney
Kuwait was aided and protected by Britain in concert with the Al-Sabah dynasty from 1899 until independence was declared in 1961. Located in the ...
THE UNITED KINGDOM’S COPYRIGHT (VISUALLY IMPAIRED PERSONS) ACT 2002
IBLS Editorial Board - Staff Attorney
The United Kingdom’s Copyright (Visually Impaired Persons) Act of 2002 came into force on October 31, 2003, and amended the Copyright, Designs and Patents ...
COPYRIGHT LEGISLATION IN THE UNITED KINGDOM
IBLS Editorial Board - Staff Attorney
The United Kingdom (U.K.) Copyright, Designs and Patents Act of 1998 (CDPA) is the central U.K. legislation on copyrights. CDPA establishes civil and criminal ...
INTERNATIONAL PATENT APPLICATIONS IN CHINA
IBLS Editorial Board - Staff Attorney
China has joined the growing list of countries allowing electronic filing of patent applications; the first day of the service was May 1, 2007. ...
Fighting Intellectual Property Cybercrimes: Internet Usage Monitoring at the Workplace
IBLS Editorial Board - Staff Attorney
Intellectual property cybercrimes (IP cybercrimes) may carry third party liability and significant penalties for employers. Thus, every organization should adopt appropriate measures to prevent ...
Patents and Software Protection under EU Law
IBLS Editorial Board - Staff Attorney
Patents are the protection of choice for software. European patents are regulated under the European Patent Convention (EPC), which differs quite significantly from ...
The Licensing of Business Method Patents for Internet Use
IBLS Editorial Board - Staff Attorney
A U.S. federal court of appeals ruled in State Street Bank & Trust Co. v. Signal Financial Group, (1998) that business methods are patentable. ...
Commercial Brands and Patent Applications According to Chile's Industrial Property Law 19.039 of 1991
IBLS Editorial Board - Staff Attorney
The Chilean Industrial Property Law 19.039 of 1991 is an inclusive set of rules in harmony with most international law principles on industrial and ...
Protection To Computer Programs Under The Brazilian Legislation
IBLS Editorial Board - Staff Attorney
Internet transactions opened the door for a global economy but it created the need for a wide range of legislation as well. The ...
Emerging Issues Related To International Digital Copyright Protection
IBLS Editorial Board - Staff Attorney
International electronic commerce has certain implications on Intellectual Property rights, and, in reaction, an adequate and effective international legal framework is being implemented which ...
Trade Related Aspects of Intellectual Property Rights(TRIPS) and its Relation to E-Commerce
IBLS Editorial Board - Staff Attorney
The concept of Intellectual Property Rights (IPR) is closely related to Commercial transactions, whether traditional transactions or e-commerce transactions. The Word Trade Organization ...
Bhutan Industrial Property Regulations Act
IBLS Editorial Board - Staff Attorney
Patents, industrial designs and trademarks registered in the Kingdom of Bhutan are regulated under the Industrial Property Regulations Act 1997, which entered into force ...
Mexican Industrial Designs
IBLS Editorial Board - Staff Attorney
The Mexican Institute of Industrial Property has existed to protect industrial property such as patents and trademarks. The increasing rise of patent applications ...
The Licensing And Franchising Of Marks (mexico)
IBLS Editorial Board - Staff Attorney
The Mexican Institute of Industrial Property has existed to protect industrial property such as patents and trademarks. The increasing rise of trademark applications ...
Mexican Patent Protection
IBLS Editorial Board - Staff Attorney
The Mexican Institute of Industrial Property (IMPI) protects two types of industrial property: (1) inventions, and (2) distinctive signs. Patents are within the invention ...
Mexican Institute Of Industrial Property
IBLS Editorial Board - Staff Attorney
The Mexican Institute of Industrial Property has existed to protect industrial property such as patents and trademarks. The Mexican Institute of Industrial Property ...
Cords Electronic Copyright System
IBLS Editorial Board - Staff Attorney
Electronic filing systems have already been in place for trademarks and patents. The electronic filing system has become available for the electronic filing ...
Affecting Intellectual Property Integrity
IBLS Editorial Board - Staff Attorney
Crimes affecting the integrity of intellectual property can be actionable under criminal law. These types of crimes can occur for the improper use ...
The Patent Cooperation Treaty
IBLS Editorial Board - Staff Attorney
Because of the global nature of the Internet, there is a need to protect intellectual property on a global basis. The Patent ...
Obtaining Patent Protection in Sweden
IBLS Editorial Board - Staff Attorney
Sweden's patent rules are found in national patent laws -incorporating European Union Directives, - patent regulations, and patent provisions. Sweden allows patent applicant under ...
Obtaining Patent Protection in Brazil
IBLS Editorial Board - Staff Attorney
Brazilian patent law protects inventions, products, substances, or processes that are new, inventive, have industrial utility, and sufficient description. Patent owners have the exclusive ...
Obtaining a Patent Protection in Hong Kong
IBLS Editorial Board - Staff Attorney
The Hong Kong Intellectual Property Department (HKSAR) handles patent applications. A patent administered in Hong Kong provides patent protection for designs and utility ...
Utility Patent Protection Under Japanese Law
IBLS Editorial Board - Staff Attorney
A patent for an invention gives the inventor the right for a limited period to stop others from making, using or selling the invention ...
Obtaining Japanese Patent Protection
IBLS Editorial Board - Staff Attorney
Japan grants patent protection to inventors, devisers, creators, and successors in interest, through the Japanese Patent Office (JPO). Japan follows the "first-to-file" system. This ...
Accelerated Examination Process for Patents and Trademarks under Japanes Law
IBLS Editorial Board - Staff Attorney
The need to secure intellectual property rights has become crucial to protect the invention as a tangible asset and a source of financial benefits. ...
India Patent (Amendment) Act 2002 and 2005
IBLS Charter Partner - Staff Attorney
The Patents (Amendment) Act 2002 was passed by the Indian Parliament and came into force in May 2003. The Act amended the Patents Act ...
Remedies Available under the U.S. Patent Law
IBLS Editorial Board - Staff Attorney
Remedies for patent infringement are available under the United States patent law and have proved to be highly effective in deterring patent infringement practices. ...
Provisional Patent Applications
IBLS Editorial Board - Staff Attorney
The United States Patent Office (USPO) allows applications for provisional patents. Provisional patent applications provide many advantages for a product's testing of a ...
Merchant Model Business Method And Its Implications On Electronic Commerce
IBLS Editorial Board - Staff Attorney
Electronic commerce business models are being used more extensively in the forum of the Internet. Merchant models have proven to be more crucial ...
Business Method Patents under the European Patent Convention
IBLS Editorial Board - Staff Attorney
Business method patents proved to be quite controversial in their initial U.S. approval stages. In the European Union (EU), business method patents are still ...
Preliminary and Substantive Examination of a Patent Application under United Kingdom Law
IBLS Editorial Board - Staff Attorney
The United Kingdom Patent Office (UKPO) may conduct two main examinations when processing patent applications: the preliminary and the substantive examination. The preliminary ...
Challenging Patent Registrations under the United Kingdom Law
IBLS Editorial Board - Staff Attorney
Under the United Kingdom (UK) patent law, allows third party's objections to other people's patents. These objections may be (1) just mere observations ...
Refusal And Objection Grounds For Design Marks Under United Kingdom Law
IBLS Editorial Board - Staff Attorney
A design mark gives the holder the right for a limited period to stop others from making, using or selling the invention without the ...
Patent Ownership, Licensing, Renewal, and Restoration Issues under the UK Patent Law
IBLS Editorial Board - Staff Attorney
The principal benefit of patent registration is that it enables the patent holder the exclusive right to stop others from using the invention. Yet, ...
The Components of the Patent Specification under the UK Patent Application
IBLS Editorial Board - Staff Attorney
The first stage of a patent application in the United Kingdom requires preparation of a "Patent Specification." The Patent Specification's components include the ...
Patent Registration under the United Kingdom Law
IBLS Editorial Board - Staff Attorney
Applying for a patent registration in the United Kingdom (UK) involves the following process, filing out a patent application and paying the registration fee; ...
The Patentability Of Commercial Methods Applicable To The Internet Under French Law
IBLS Editorial Board - Staff Attorney
Under French law, an idea or a concept is unpatentable; only the technical means implemented for putting them in concrete form can be patentable. ...
The Paris Convention Agreement
IBLS Editorial Board - Staff Attorney
Because of the global nature of the Internet, there is a need to protect intellectual property on a global basis. The Paris ...
Business Method Patent Involving The Honor System”
IBLS Editorial Board - Staff Attorney
Business methods and their use on the Internet have a greatly valued asset to a company, because the technology can be licensed and royalties ...
Computer Programs Protection Under French And European Law
IBLS Editorial Board - Staff Attorney
Under French law, computer programs are protected under copyright law, but are not patentable. However, this situation might change in the near future. ...
Uslaw Ibls Corporate Governance
IBLS Editorial Board - Staff Attorney
Corporate Governance covers a wide range of activities from start-up through going public to winding down. Corporations are regulated by all levels of ...
Business Method Patent Involving Cardless Transactions
IBLS Editorial Board - Staff Attorney
PayPal, Inc., a leading online payment service, has been sued for patent infringement by a number of companies. Although PayPal has filed ...
Whether Hyperlinks To Pirated Material Constitutes Copyright Infringement
IBLS Editorial Board - Staff Attorney
The Recording Industry sued MP3board.com in federal court for copyright infringement based on their hyperlinks to pirated material. A U.S. District Court in ...
Intellectual Property Protection For Databases
IBLS Editorial Board - Staff Attorney
Databases that are being used do provide meaningful organization of information, but these systems are not protected by intellectual property laws. Intellectual property ...
Hyperlinking Ruling Demonstrates That Older Patents May Not Broadly Be Interpreted To Apply To Newer Technology
IBLS Editorial Board - Staff Attorney
British Telecom sued Prodigy in federal court for patent infringement based on its patent for hyperlinking. A U.S. District Court determined that a ...
Electronic Filing Of Patent Applications
IBLS Editorial Board - Staff Attorney
The United States Patent and Trademark Office (PTO) is offering the electronic filing of patent applications. These applications reduce the turn-around process of ...
Securing International Patent Protection
IBLS Editorial Board - Staff Attorney
Companies should consider filing patents patents in other countries to protect their intellectual property in each jurisdiction. Filing the patents in foreign ...
New Indian Patents Bills
IBLS Charter Partner - Staff Attorney
The Patents (Second Amendment) Bills, 1999 is passed by both the Houses of Parliament on 17.05.02. The Bill was aimed at making the ...
Prior Art Effect Of Electronic Publications
IBLS Editorial Board - Staff Attorney
The decision of In re Wyer, demonstrated that an electronic publication including an online database or Internet publication is deemed to be a ...
Business Method Patents in the E-Commerce World
IBLS Editorial Board - Staff Attorney
With the advent of the Internet, business method patents became popular, though, initially controversial. United States (U.S.) courts and the U.S. Patent Office ...
Patent Protection Extends To Business Methods
IBLS Editorial Board - Staff Attorney
This case of State Street Bank and Trust Co. v. Signature Financial Group, demonstrated the first change in the arena of patents in the ...
Business Method Patent Claims On Technology Stifles Internet Innovations
IBLS Editorial Board - Staff Attorney
The expansiveness and innovation of the Internet has caused patent holders to argue that their technology must be licensed in order to continue its ...
British Telecomm Attempts To Secure Licenses For Their Hyperlink Patented Technology
IBLS Editorial Board - Staff Attorney
British Telecom sued Prodigy in federal court for patent infringement based on its patent for hyperlinking. British Telecom hopes to be able to ...
Cognos Settles Software Patent Lawsuit With Business Objects
IBLS Editorial Board - Staff Attorney
Business Objects settled a patent infringement lawsuit against Cognos. The lawsuit involved one of Business Object’s patents and illustrates the second patent litigation ...
Jupiter Media Matrix Settles Patent Infringement Lawsuit With Netrating
IBLS Editorial Board - Staff Attorney
Jupiter Media Matrix filed a patent infringement action against NetRating. After unsuccessful attempts were made for a merger, a settlement is ultimately reached ...
United States Patent Offices Decides To Go Paperless
IBLS Editorial Board - Staff Attorney
The United States Patent Office is proposing to eliminate certain paper record searches. Due to the increasing need for storage for these documents, ...
Search Service Provider Overture Sues Rival Google, Inc. For Patent Infringement
IBLS Editorial Board - Staff Attorney
Search service provider, Overture, sued Google for patent infringement claiming that they have infringed on its technology without authorization or licensing. ...
Federal Court Rules That Coolsavings.com Should Not Have Been Awarded Summary Judgment In Patent Infringement Case
IBLS Editorial Board - Staff Attorney
The United States Court for the Federal Circuit in Washington D.C. ruled that the Northern District of Illinois in March 2001 improperly granted summary ...
Adobe And Macromedia Enter A Patent War Over New Technology In An Effort To Monopolize The Web Design Market
IBLS Editorial Board - Staff Attorney
Adobe Systems and Macromedia have waged a patent war as their desire to develop new technology has proved to be too much competition. ...
Pay Pal Sued For Patent Infringement
IBLS Editorial Board - Staff Attorney
PayPal, Inc., a leading online payment service, has been sued for patent infringement by a California-based company, Tumbleweed Communications. This suit has been ...
Xerox Wins Patent Infringement Case Against Palm And 3com
IBLS Editorial Board - Staff Attorney
The U.S. District Court has ruled that Xerox Corporation UnistrokesA patent is valid and Palm Inc. and 3Com infringed their patent in their handheld ...
Council For Trade-related Aspects Of Intellectual Property Rights, World Trade Organization Work Programme On Electronic Commerce
IBLS Editorial Board - Staff Attorney
The Declaration on Global Electronic Commerce urged the General Council of the World Trade Organization to establish a comprehensive work programme. The Council ...
Electronic Commerce In The European Union: Intellectual Property Rights
IBLS Editorial Board - Staff Attorney
Intellectual property rights (IPR) consider creative work as a form of property and give the owners of the creative work the right to use, ...
Patentability, Prior Arts.
IBLS Editorial Board - Staff Attorney
Prior art, a published or known work in a particular field in which a patent is being sought, may be basis for denial of ...
Patentability, Patent Utility Requirement.
IBLS Editorial Board - Staff Attorney
Utility of a patent is a key criteria for determining whether a patent should be awarded. ...
Patentability, Non-obviousness
IBLS Editorial Board - Staff Attorney
In order for a patent to be approved, it must be non-obvious to persons having ordinary skill in the art. If this requirement ...
Multi-national Trademark Regulation
IBLS Charter Partner - Staff Attorney
The establishment of trademark rights across national boundaries, and practical considerations for multi-national trademark registration. ...
Patentable Subject Matter
IBLS Editorial Board - Staff Attorney
To be granted a patent, an item submitted to the U.S. Patent Office (USPO) must be a "patentable subject matter." Patentable subject matters include ...
Preserving Trade Secrets
IBLS Editorial Board - Staff Attorney
By keeping your confidential business practices and secrets private and away from others in the market place, you may be able to attain trade ...
To Patent Or To Copyright
IBLS Editorial Board - Staff Attorney
A patent is a legal monopoly with the government that protects your exclusive control and rights to your Internet process, software, and business methods. ...
Trademarks (protecting Your Exclusive Identity Under 15 U.s.c. 1127)
IBLS Editorial Board - Staff Attorney
A registration of a trademark may protect the exclusivity, identity and value of your intellectual property from the usage by others. ...
Licensing Business Method Patents For Internet Use Creates Special Problems
IBLS Editorial Board - Staff Attorney
A U.S. federal court of appeals ruled in 1998 that business methods are patentable. Since that time, numerous companies have applied for business ...