Patents / Designs Law Articles

Once liability has been established in favour of the patent owner, the patent owner has a choice of whether to recover his lost profits (compensatory) or an account of the infringer’s profits (restitutionary).

In summary, a patent licence enables a third party to exploit an invention, giving that third party the legal right to manufacture, use, sell or import the patented invention.

The High Court in the case of Numatic International Ltd v Qualtex UK Ltd [2010] EWCH 1237 (Ch) has recently given a judgment involving Henry the vacuum cleaner.

A brief look at the issues raised in the case of Monsanto v Cefetra relating to Article 9 of the Biotech Directive

Primary patent infringement in the UK arises where a third party engages in the acts prohibited under section 60 (1) of the Patents Act 1977.

Being in the midst of the World Cup season, I thought it apt to highlight a recent dispute involving a patent for football gear!

The patent system in the UK, and Europe, varies in many ways to the patent protection available through the US system. Patent reform may be afoot however.

The law of Design Rights is governed by The Copyright, Designs and Patents Act 1988 (CDPA).

Registered Design protection is often the unsung hero of Intellectual Property law.

Simple question, simply answered. Patent searches are only as good as the people who do them.. we will also make sure you are given the results in a way that you can understand what they mean.

An extended version of last week's article.

Following on from the revelation two days ago that Dr Craig Ventner has created artificial life in the laboratory, what does this mean for patents??

Non Practising Entities are firms or individuals that own patents but do not practice them.

This article discusses the relevant considerations in relation to a potential claim against a third party for registered design infringement and expert evidence.

The difference between unregistered and registered design rights....

The High Court in the case of Shanks v Unilever Plc & Others (2009) has provided clarification of the employee compensation calculation under the Patents Act 1977.

European Patent application may be filed at the European Patent Office in English and can designate any of thirty states which are party to the European Patent system.

So what happens if a person invents something in the course of their employment which goes on to be patented?

The legal update takes a look at the Community design right under Council Regulation 6/2002 as implemented by Commission Regulation 2245/2002.

It is well established that in the UK and Europe, computer programs are not patentable "as such". However, the application of a computer program may be patentable if it possesses "technical character".

How and why granted patents can face invalidity proceedings.

A registered design is a valuable piece of intellectual property. It essentially protects the overall impression of an object.

What protection do you get for free. Remember... it only protects you from people who copy.

Continued...

Brief starter.

Brief consideration of the legal background to the UK design right automatic design protection.

More facts on the UK design right regime for automatic protection of your designs.

Like copyright but for the 3D aspects of a design, UK design right protection arises automatically at the end of the year in which a design is created.

In relation to US design patents it is worth having a few things in mind when filing.

You may claim priority in the US from an application filed in the UK or another 'foreign' country.

In the UK we register designs, in the US they file patents. You say tomato...

A case hitting all the patent litigation headlines, Nokia and Apple slug it out over patents and cellphones.

All you wanted to know, in a nutshell.

Simple question, simpli-ish answer.

This article discusses the overlaps between the different types of IP in the U.S.

U.S. designs must be ornamental

More changes to the rules governing European patent applications and international patent applications at the European Patent Office (EPO).

The rules governing European patent applications and international patent applications at the European Patent Office (EPO) are changing from April.

The World Intellectual Property Office posted its figures on 2009 international patent applications in February.

Information regarding utility and design patents

Information regarding invalidity in relation to RCD's

Information about U.S. designs

Facebook have very recently received grant of a patent in the US.

How does prior use interrelate with the requirement that to destroy novelty an invention must have been made available to the public?

What effect does prior use have of a product before the filing date?

Novartis lost its apeal that EP (UK) 0948320 was invalid for obviousness.

Basics on registered designs in the UK

Information regarding obtaining design protection in the EU

Hague system of international registration of industrial designs

What are patents, what do they do and what are they for. Part 1.

What is a patent, what does it do, what is for, and why do we have them. Part 2.

What is a patent, what does it do, what is for, and why do we have them. Part 3.

Patents and designs in the U.S.

Appealing your patent decision in the U.S.

What are the requirements a design must meet in order to be eligible for a design patent in the U.S.

A big battle over LCD television screens in the patent courts of the world between two leading players finally reached a settlement in the last week.

Following the January reccomendations by Lord Jakson into civil litigation, we focus on the proposed reforms in the intellectual property arena, and patents court.

Fast becoming a necessity, patent insurance protects owners of patents from infringement, in that it helps with the costs of pursuing infringers, and it helps with the costs of being accused of infringement.

If you have patent it is advisable that you mark the goods with the words 'Registered registered, Patent Number...'

What will happen if you misrepresent that you have a patent.

Since 2008 it has been possible to designate your design under the Hague System of international registration of designs.

A registered community design is valid for only five years from the date of filing the application. You can review this up to four times.

What are the differences between a 3D community trade mark and a design/

What are the differences between 3D-CTM protection and design protection?

This article takes a look at the difference between the Community design system and the Hague system.

How to protect your designs

An opening shot on whether the patent system and the licensing that greases its wheels is a good thing for society.

Patent litigation in the courts in the UK, and resulting licensing. Nokia, Kodak and other high tech licenses.

Registered Designs protect 'the appearance of the whole or a part of a product'. This includes, in particular 'the lines, contours, colours, shape, texture or materials of the product or its ornamentation.'

Last year in the patent courts - section 40, employee contributions

Last year in the patent courts - insufficiency and Biogen. Generics v Lundberg.

Biogen and products-by-process. Generics v Lundberg.

The changes in recent years to design legislation has been far reaching.

The Hague Agreement concerning the International Registration of Industrial Designs offers designers a simplified means of applying for protection of a design.

This article takes a look at designs in the US and how to obtain protection.

This article explains designs patents in the U.S.

Disclosure Documents are not a patent application, and does not permit the term "Patent Pending" to be applied to the invention.

Patents are not always understood to be a good thing. BUt there is an argument in their favour. Here is some of that argument, which might help you feel better about profitting from your gift to humanity!

Where to start... Patents from the beginning. Lawdit can help you through what could be the defining feature of your life if you have an invention.

What about people who do not even bring their invention to market. Who just invent and do no production. Surely that is a bad thing for humanity?

A patent can be available for designs for an article of manufacture.

The drawing or photograph constitutes the entire visual disclosure of the claim, it is of utmost importance that the drawing or photograph be clear and complete.

Common questions regarding design patents.

Proposal on 14 September 2004 to amend Directive 98/71/EC on the legal protection of designs.

The world’s five largest intellectual property offices have joined forces to streamline the patent application process...

Patent Office decision reinforces the importance in keeping your ideas secret

This article takes a look at the ways in which you can protect you design in the 27 member states of the EU.

This article takes a look at certain issues concerning a Community design

This article take you through the basic issues concerning a registered design right.

Section 33 of the Patents Act 1977 sets out those transactions, instruments and events which should be registered with the UK Intellectual Property Office.

Microsoft has been found liable for infringing a patent owned by a comparatively small Canadian software company, i4i.

Patents offer a higher degree of protection than copyright

A proprietor of a design has an exclusive right over that design for a period of 25 years.

Before you apply for a patent application in the UK you should consider the following:

This article looks at some of the benefits of the Community registered design.

This article reports The Board of Appeal's decision to reconsider the patentability of Amazon's revoked patent.

The High Court in the case of Boegli-Gravures SA (‘BG SA’) v Darsail-ASP Ltd (‘D Ltd’) EWHC 2690 has held that a test purchase of an essential element of a patented invention carried out by a private investigator on behalf of the patentee is not itself an infringement, but is evidence of a threat to infringe.

Alistair Darling announced a drop in the corporation tax on patent royalties yesterday in the Pre-Budget Report.

It has been reported that the Government is proposing to slash corporation tax on income made from Patent exploitation.

EU Member States have recently signed an agreement that may lead to a single EU patent.

This article takes a look at the Court of Appeal's decision in Oxonica Energy Limited v Neuftec Limited, highlighting the importance of a well drafted Licence.

This article takes you through the process by which one can invalidate a registered design.

New proposals to reform the Patents County Court (‘PCC’) have been published by a Working Group of users of the PCC.

The recent case of Zeno Corp & Another v BSM-Bionic Solutions Management GmbH & Another (2009) EWHC 1829 (PAT), heard in the High Court, has revisited the question of what constitutes unjustified threats of patent infringement.

Patent opinions provided by the UK Intellectual Property Office (UK IPO) are designed to resolve patent disputes between parties.

The US company, Rambus Inc, provider of high-speed interface technology, well known for its aggressive intellectual property based litigation practices following the introduction of DDR-SDRAM memory, has offered to cap royalty rates for its DRAM patents.

The Court of Appeal has upheld Virgin Atlantic Airways Limited's patent infringement claim against Premium Aircraft Interiors UK Limited for a patent for flat-bed upper class aircraft seats.

Patents are monopoly rights granted by the government to protect inventors.

The two main criteria that a design must pass in order to qualify for registration are that it must be new and have individual character...

A Registered Design protects the overall impression of a design, product or drawing.

Once a Patent Application is filed in the UK it takes approximately 18 months for the UK Intellectual Property Office to conduct the initial examination.

One of the main requirements for any patent application to fulfil is that it must be capable of industrial application.

Whether you protect your invention on a national or international level will depend on the invention itself and whether you intend to sell the product internationally.

An International Patent application may be filed in English at the UK or European Patent Office and may designate any of over one hundred countries or regions (including the UK).

When a patent is examined one test that is applied is whether a person skilled in the art would find the invention obvious.

A very common aspect of patent protection and exploitation is the assignment of a patent to a third party.

It has been reported this week that LG Electronics Inc have released a statement regarding a US International Trade Commission Judgment in its favour.

It is possible to apply to have a patent revoked after its registration.

It has been reported that a complaint has been made to the US International Trade Commission against Toyota over the importation of its products to the US.

It has been reported this week that the United States Patent and Trade Mark Office has regulations limiting the size of new patent applications.

It has been reported this week that two patents owned by Peer Communications Group have been declared invalid.

It has been widely discussed this week that an application has been made for a patent over a pre-salted potato chip (crisp).

It has been reported this week that the dispute between leading drinks company Diageo and the supermarket chain Sainsbury's has been settled.

By freezing the London Act have the Member states simplified international registrations?

If you want to know how long your design right will last for, you must consult the Copyright Designs and Patents Act 1988.

Whether you protect your invention on a national or international level will depend on the invention itself and whether you intend to sell the product internationally.

There has been strong debate in recent weeks over whether Patent infringement should be made a criminal offence.

Twitter received a Patent Claim this week accused of Patent infringement

If an unregistered design is created in the course of someone's employment then the design is owned by the employer by virtue of s214 CDPA 1988.

Thinking of changing your solicitor mid-way through the registration of you design? We would adivse you to take a DF1 form, fill it out and send it to the Intellectual Property Office.

Infringement of registered designs is split into two: primary infringement and secondary infringement.

What are the costs for the renewal of my registered design?

This article details how you can issue a claim if you believe that you have a right to an invention, if you are successful you could receive compensation under the Patents Act 1977.

Applying for and obtaining a patent can be costly and time consuming, this article discusses the positives.

A look at the Patents Act and ownership of a patent

Anticipating and attacking a patent is difficult, so here are some tips.

New changes are to be introduced by the Patents Office to take effect from the 4 October 2009.

The Search Engine giant has been granted a US patent

This article outlines the rights that are available in an unregistered design and a registered design.

There are three ways in which you can protect your right in a design. This article takes a look at Community registered designs, unregistered community designs and international applications for an industrial design.

There have been a number of 'bogus invoices' received by people who are in the process of registering their Community designs. But how do you know when such invoices are 'bogus'?

This article outlines the issues that relate patent infringement with reference to the Patents Act 1977.

This article takes a look at the issues involved in the transfer of a Community design.

This article takes a look at the possibility of criminalising patent infringements, but is this a good policy?

Cranway, in this case sought to enforce its patent for online gambling but was the cliament right to cash in their chips?

A case in July concerned a patent for insect and spider bites - under section 70 of the Patents Act 1977 the court made an interesting statement which covered threats to sue.

This article takes a look at the requirements that surround the crystallisation of a licence agreement in respect of the issues that surround section 237 of the Copyright Designs and Patents Act 1988.

This article takes a look at the remedies and defences which relate to an unregistered design right

This patent update concerns the case of Novartis AG and Cibavison AG -v- Johnson & Johnson Medical Limited and the protection of the idea that contact lenses could be left in overnight.

This article takes a look at instances of primary and secondary infringement in relation to an unregistered design right under the Copyright, Designs and Patents Act 1988.

There are two types of rights in design the first is unregistered and the second is one which is registered under the Copyright Designs and Patents Act - here is how you protect your designs.

This article details the prerequisites which need to be complied with if you are to be granted a registered design right under the Copyright Designs and Patents Act 1988.

Under the Copyright Designs and Patents Act 1988 section 226 you could claim redress if another has copied your design - but that copying must be identical or substantial.

One of the most productive and underrated inventions is 50 years old.

A claim has been issued against Twitter by TechRadium for patent infringement but will the claimants succeed?

this article takes a look at the issues which surround the ownership of a patent, where the subject matter was invented by an employee.

Supplementary Protection Certificates could extend the protection of your product - see inside for details.

This article takes a look at Supplementary Protection Certificates in the context of the application and duration.

A registered design application can be defeated if the design for which protection is sought is not new. A design will be deemed to be not new if it has been disclosed to the public. However the Registered Design Act 1949 allows for a 12 month grace period during which the design may be disclosed to the public.

This article takes a look at the recent case of W L Gore & Associates GMBH v Geox SPA [2009] EWCA Civ 794, 29 July 2009.

One of the requirements of a registered design is that the design must be new (section 1B(1), RDA).

Registered Designs provide a cost effective way of establishing protection. Essentially a Registered Design protects the 'overall impression' of a product.

What would you do if your patent had been infringed? Would you write a letter of claim? This article takes a look at the instances of threatening to sue under section 70 of the Patents Act 1977.

Registration of a desing gives the owner of the design the exclusive right to use that design as well as any similar design which gives the same overall impression to an informed user.

If you are based in the UK It is possible to register at both UK level and European level.

Registered Designs are often the unsung heroes of Intellectual Property law.

This part takes a look at the entitlement of a grant to a patent in the European context.

This article takes a look at some of the rules which determine whether a person is entitled to a grant

This article takes a look at the entitlement of a person to be granted a patent, and whether one could object to such a grant.

If you decide that you wish to file a registered design application you must think carefully of what illustrations you intend to submit.

This article details the rationale for design law

This article takes a look the case of Cranway Ltd v Playtech Ltd and others.

This article takes a look at evidence in registered design cases.

Hear we take look at the Patent Cooperation Treaty (PCT) 1970 and what it means for you.

This article takes a look at the benefits of applying for a patent through the PCT.

This article details the relevant legislative measures which regulate both UK and Community registered designs; a good starting point.

This article takes a look at the Cembrit Blunn Ltd & Dansk Holding v Apex Roofing Services LLP & Roy Alexander Leader case.

This article provides a detailed analysis of Rolawn Limited v Turfmech Machinery Limited.

This article provides a detailed account of the law which surrounds the unregistered design right in the case of Elite Angling Products v R.A.G.S.

If you are in a dispute over your patent you may wish to consider Mediation - hear are the advantages.

The European Commission is to launch an investigation into why there is a delay in introducing cheap generic drugs into the market - we have the details inside.

All you need to know about a patent hearing is...

Do you want to know the basics of design law? If so, take a look inside.

A patent application from date of filing to registration usually takes approximately three to four years however much will depend on the particular circumstances of each application.

This article discusses the ways in which we would protect your design rights.

This article discusses the new green fast track application for your environmentally friendly patents

This article looks at the issues which surround Michael Jackson's property rights.

We are often asked how best to protect a design. There are a number of methods. Some of which are unregistered rights and some of which remain registered rights. The unregistered designs do not allow for a monopoly on your design ( as opposed to a registered design) but the law affords you the following protection Design right.

An interesting read - this article discusses the relationship that the nerd and the skilled man has with his inventions and the explaination of the same.

This article provides a detailed account of the law concerning the design right.

This article illustrates the benefits of using the PCT system.

This article discusses applying for a patent abroad.

This article takes a look at the protection available for your patents: worldwide

Thinking of apply for a patent? this article discusses the criteria for patent protection

invented something? - This article discusses why you should apply for a patent.

This article details the relationship of design law and copyright law

This article discusses an appeal from a decision of JJH Fysh QC, sitting as a Deputy High Court Judge, holding Aerotel's patent invalid on the ground of obviousness.

This article discusses the community design regulations

Aerotel argue that their patent is not obvious because it has achieved commercial success. The Court of Appeal find this is not relevant in this instance.

This article provides a detailed account of what is invovled when applying for a U.S design Patent

General information about design patents from the USPTO.

Applying for a U.S. Design Patent? If so then this is a must read.

In a recent press anouncement the UK IPO announced its encouragement of patent applications with an environmentally aware element. Prosecution for green patent apps can be accelerated twice as fast at the UK Patent Office.

Cancelling a design right we have the information you need

This information may be useful if someone challenges your rights in the design or if you believe someone is infringing your rights and you wish to take the alleged infringer to court

This article discusses the qualification of a design right.

This article discusses the duration of your patent.

A look at section 72 of the Patents Act 1977 dealing with patent revocation

This article discusses the design right.

Section 11 of the Copyright Designs and Patents Act 1988 deals with the grounds to cancel a registered design - this article discusses those grounds.

This article discusses how a design could qualify for a design right.

Glaxo Group Limited v (1) Genentech (2) Biogen was a Court of Appeal decision which covered the issue of stays in UK proceedings on EP patents where there are parallel proceedings at the EPO

This article provides a detailed account of the changes over the years to design legislation.

This article explains the law of the design right and it's role in relation to spare parts.

The is article explains the Hague Agreement concerning the International Registration of Industrial Designs.

This article gives an overview of the registered community design right.

What is a registered design according to the Copyright, Designs and Patents Act 1988.

The UK's registered design right and it's effect at law.

This article provides a detailed account of patents in the US; this is a must read.

What is a licence of right, are they available for design right, when and under what circumstances. Based on the Copyright Designs and Patents Act 1988 statute.

A Technical Board of Appeal has held that a games machine which varies the probability of a character in a computer game is patentable.

Nokia's moblie phone software is patentable a hearing officer has held.

Generally, computer programs are not patentable, however, the UK IPO now states that Software that allows programmers to program a mobile phone system remotely from a computer can be patented - see inside for details.

Kelly v GE Healthcare is the first ever successful claim by an employee inventor for their contribution in making patentable inventions.

Let me persuade you to apply for a patent - this article addresses why an inventor should apply for a patent.

This article illustrates how the UK IPO classifies and invention when conducting a patent application.

What is desgn right and how is it explained by the governing statute The Copyright, Designs and Patents Act.

This article highlights some of the advantages with registering a Community wide design right with the OHIM as opposed with registering a design with the UK only.

This article takes the reader through the development of the modern day design right from the Calico Printers Acts of 1787 and 1794 right up to the Copyright, Designs and Patents Act 1988.

Patents do pay, sometimes in unexpected ways.

This article provides a discussion on the US Federal Court's new test for restricting the patentability of software, the author then goes on to consider the test's implications in Europe and ultimately the UK.

This article details the story of a certain Mr Erno Rubik and his famous cube which took the world by storm. This article also details the importance of protecting your intellectual property.

How royalties may have to be paid over patent and meatier pigs.

Patents are good things to have when the traditional bread winners fail. Read this and let me convince you to file an application.

A look at how patents have developed since the 19th century.

This article illustrates the importance of registering interests in designs when assigning and licensing such interests in both the UK and the EU.

This article highlights the changes to divisional applications that come into effect on the 1st April 2010, with a particular focus on the 24 month time limit.

This article provides a detailed analysis of the design right and the practical implications in not registering such rights. This article is a must read if you have created a design.

An overview of the basics concerning registered design

The appeal concerning validity was dismissed and an appeal was allowed from Napp concerning infringement. In short the patents were valid and infringed.

A look at international patents

Two brief articles on reducing fees and a uniformed patent treaty

An essential guide to EU Unregistered Design

They are very similar but one or two differences are highlighted

A recent investment may well prove to be an expensive mistake

An overview of Patent ownership and rights relating to inventions

A look at Compensation for a Patent and the employee

A patent can be revoked if the Patent is obvious to the man skilled in the art

In this recent case, two employees were awarded 1.5m GBP in compensation under the Patents Act 1977 for the 'outstanding benefit' that their invention conferred on their employer.

In this recent decision, Arnold J has helpfully restated the tests for novelty, obviousness and patent amendments.

The dispute between Novartis and Johnson & Johnson regarding extended wear contact lenses has recently been heard by the Hague District Court.

An invention, to be patentable, must be novel and involve an inventive step. However, selection patents appear to have developed as an exception to this rule.

So you have a software programme and you want to patent it.. Is software patentable in the UK? Part 2 of an overview of the patentability of software

So you have a software programme and you want to patent it.. Is software patentable in the UK? Part 1 of an overview of the patentability of software

This article looks at a recent decision from the Enlarged Board of Appeal regarding the patentability of stem cell inventions.

This article looks at the benefit of registered deisgn protection for perhaps more conventional trade mark-territory designs.

European Patent Office fee changes enter into force on 1 April 2009

Sony filed an interesting patent application in 2003 - it may be coming to your local Dixons soon

The UK Intellectual Property Office have recently stream lined the patent database system.

The patent system is a ‘first to file’, not a ‘first to invent’ one.

Virgin Atlantic intend to appeal their recent failure in a suit against airline seat manufacturer Contour (Premium Aircraft Interiors). Virgin were seeking large damages and an injunction to stop Contour manufacturing a flat-bed aircraft seat that Virgin believed infringed unregistered design and patent rights they hold in their Premium bed seats.

Two new searchable free online databases have been launched by the UK Intellectual Property Office. These databases comprise a register of patents endorsed Licence of Right and a register of granted patents no longer in force for the development of commercial opportunities

A brief overview describing who can be entitled to a grant of a patent

When you decide that you wish to file a registered design application you must think carefully of what illustrations you intend to submit. These illustrations must represent your design in full and leave no dount as to what it is you are seeking to protect.

A patent can be challenged. Every Patent application will be assessed by a skilled Patent Examiner to ensure that it complies with the relevant statutory provisions governing Patents. However it is not possible for the Examiner to know every possible piece of prior art that may exist and as a result anyone is permitted to apply to the Patent County Court or High Court or to the Intellectual Property Office to have a Patent revoked.

Patent legislation requires that to secure a patent over you invention, the invention must:

WIPO, the administrators of the Patent Cooperation Treaty (PCT) has announced that from 01 January 2009 it will launch a new and enhanced Patent search facility.

Whether you protect your invention on a national or international level will depend on the invention itself and whether you intend to sell the product internationally.

In terms of the UK protection it is possible to register at both the UK level and European level.

What happens when two minds co-create a patentable object and then fight over its exploitation?

For a patent to be registrable it must involve an inventive step

Patents are monopoly rights granted by the UK Intellectual Property Office to protect inventors. The relevant act is the Patents Act 1977 (PA 1977).

A Registered Design protects that overall impression of a design or drawing.

A patent (once granted) is a piece of property. It is yours to sell as you wish.

Being able to commercially exploit your invention is essential to ensuring that you are rewarded for the time and expense in creating something which is novel to the particular art. However, where there is money to be made others will seek to profit at your expense.

Registered Designs are often the unsung heroes of Intellectual Property law. A Registered Design is not only effective in terms of its enforcement but is also relatively cost effective.

Patent legislation requires that to secure a patent over you invention, the invention must:

Yes a patent can be challenged.

This article provides a brief explanation of making a Patent application.

Do I need a 3D Community Trade Mark or a Registered Design?

Non EU Companies can file for injunctions against those who infringe their unregistered design

How a Registered Community Design can save you time and money

the main differences between unregistered and registered community designs

To challenge a Patent is a tricky thing to do but one way of so doing is to raise the issue of lack of novelty or obviousness

A small family business succesfully won an Appeal against Steel magnate Corus

A brief but helpful overview of how to apply for a European Patent under the EPC and the stages involved in applying for a patent in Europe

Overview of the procedure and stages for making a PCT International Patent Application, to offer the applicant the possibility of obtaining patent protection in many different countries at many different international Patent offices

Raising finance on the strength of your intellectual property is difficult and may be achieved if your Intellectual Property is valuable.

The Patent Office has extended the pilot programme between the UK offie Japan and the USA

If own intellectual property be careful when making threats especially when concerened with designs registered designs and patents

More detailed information about registered designs

This article looks at how to register your design

The London Agreement has made it more economical to gain patent protection in Europe

European Patents are granted through the EPC (European Patent Convention)

Continuing the description of the PCT International Patent Application process

A brief guide as to how to get an injunction and what to watch out for

The thorny question of the patentability of computer programs rasied its ugly head once more in the Symbian case

China's combination of the 'utility model' patent system - where applications can be granted in under a year giving monopoly protection for 10 years - and a first-to-file approach to inventorship, creates some unfortunate consequences.

PCT is an acronym of the Patent Cooperation Treaty, as administered by WIPO (the World Intellectual Property Organisation).

PCT is an acronym of the Patent Cooperation Treaty, as administered by WIPO (the World Intellectual Property Organisation).

...Where a patent is granted for an invention, a person who in the United Kingdom before the priority date of the invention...

Microsoft have filed for a patent in the US on software that monitors workers at their desks by remotely measuring their productivity and physical wellbeing. The media have dubbed it the Big Brother patent but it is officially known as Monitoring System 500 (MS500) and may be granted within the year.

The clothing industry have been calling for stronger worldwide intellectual property protection for fashion designs because they fear major losses from counterfeiting.

A 'commonplace' design will not gain the protection of registration.

A patent application may be granted where have industrial application, an inventive step and novelty. An invention shall be taken to be new if it does not form part of the "state of the art" (section 2, Patents Act 1977). State of the art consists of all matter, whether a product or simply information which has at any time before the priority date of that invention been made available to the public in the UK or elsewhere. This is known as a prior disclosure and does not cover disclosures made in confidence, for instance to solicitors or under non-disclosure agreements (‘NDA’s.)

Patent trolls are companies or individuals who possess patents, perhaps many, and sit on these patents waiting (perhaps under a bridge) to aggressively pursue others for infringement. A less pejorative term is Non Practising Entities (NPE). These patent owners do not use (i.e. licence or assign) or manufacture on the basis of their patents or patent portfolio. Many instead see patent ownership as a means of hijacking another’s success in their field, with minimal effort or expense.

When to make the first filing can be a difficult decision.

In a recently filed lawsuit in the US, Nintendo has been accused of violating US patents with its Wii console.

Registration of a logo by way of a registered design is an alternative to trade mark registration and can even provide additional protection in respect of a logo which has or will be registered as a trade mark.

According to the Registered Designs Act 1948, a 'design' means the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself or its ornamentation.

This article looks at the publication period for community registered designs.

A European Registered Design application must contain an indication of the product, worded in such a way that its nature is clearly indicated, preferably using the terms appearing in the list of products according to the internationally agreed 'Locarno' classification of products.

This article looks at the process of filing for a registered design in Europe.

This article looks at the patentability of computer programs.

A Patent is a legal monopoly giving an inventor (or his employer) the exclusive right to make, sell, import or otherwise use his invention. Patents are territorial.

Infringement of a UK registered design occurs when a person does anything which infringes the registered proprietor's exclusive right to use the design or any design which does not produce a different impression on the informed user (taking into account the degree of freedom of the author in making his design)

Unregistered design right cannot be applied to design features of an article if the appearance of those features is dependant on that of a larger article of which it is intended to form an integral part.

A Patent is a legal monopoly giving an inventor (or his employer) the exclusive right to make, sell, import or otherwise use his invention. Patents are territorial.

The owner of a registered design may assign it by a written assignment which must be signed by, or on behalf of, the assignor. The assignee must register the assignment at the Designs Registry and applications for registration are made on Designs Form DF12A.

If the design is created in the course of someoneís employment the ownership of the design belongs to the employer. Essentially this is the same as copyright.

One of the main purposes of design right protection is to protect more functional designs.

There are certain criteriaís that cannot be protected by unregistered design rights.

Design is defined as ëany aspect of the shape or configuration (whether internal or external) of the whole or part of the articleí. The design must be original and not common place in the design field in question. No right subsist unless the design is recorded in a document or an article has been made of the design.

There is no question of knowledge or intention about the infringement of a registered design.

If you feel you have an idea worthy of protection it is necessary to obtain a patent.In the UK this will be at the UK Patent Office. The grant of a patent is not automatic. The grant of a patent will take skill time and money. You have to work at the process.

We are often asked to file patents on behalf of our clients. Firstly we are solicitors not patent agents. We work closely with our agents ipconsult.co.uk and Neville Walker to file patents on our client's behalf. The procedure for clients to consider when filing an application is as follows:-

This articles considers the international patent conventions that are currently in place of which the UK is a member or signatory.

Registering your design in the United Kingdom does not protect it abroad. If you want to protect your design in countries other than the UK, Lawdit Solicitors can help you apply for a Registered Community Design (RCD) with the Office for Harmonisation in the Internal Market (OHIM) which is based in Alicante, Spain. The Registered Community Design gives protection in all countries of the European Union (EU).Your application will cover the following countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia , Slovenia, Spain, Sweden, United Kingdom.

Articles 52(2) and (3) of the European Patent Convention (EPC) contains a list of inventions that are not to be "inventions" and so unpatentable.

Patents are the Don of Intellectual Property. A granted patent enjoys considerable power and potential rich tappings. It allows the rights holder a 20 year period to license and sell the patent to third parties on commercial terms which may some patent holders wealthy beyond their dreams. However I often think of the search for patent glory similarly to the search for fame.

A person who prosecutes a patent is the person who has the action of filing a patent application. This is usually the inventor of the patent.(section 7, Patents Act). Most inventions are made not by crazies locked away for hours on end but by inventors as part of their normal employment. While their names will appear on the patent specifications as the inventors, the employers will own the patent. Usually.

Registered designs have existed in England since the 1830s and were mainly used to protect the designs of fabrics from cheap imported copies.

When submitting an application for a registered design you will be required to give the certain information, this article explains what is required.

If you are considering protecting your product by registered design, be aware that certain products or design features cannot be protected. There is exclusion from registrablity for features dictated solely by the products technical function. An example of this is the serrated blades of a dressmaker’s crimping shears, which create a sawtooth edge on what is cut.

The UK Intellectual Property Office checks every patent application filed to identify whether it contains information which, if published, would be prejudicial to national security or the safety of the public.

One of the most crucial things to consider after having invented something, and before you apply for a patent for it, is confidentiality.

There are several points which must be considered before applying for a patent for a product or process within the UK.

After applying for your patent in the UK, the UK IPO will check that your application meets its requirements and send confirmation of your application number and filing date. The filing date is the date the application is received.

The patent laws of the United States make no discrimination with respect to the citizenship of the inventor. Any inventor, regardless of his/her citizenship, may apply for a patent on the same basis as a U.S. citizen. There are, however, a number of particular points of special interest to applicants located in foreign countries.

One of the basic attacks to any patent is that it is invalid on the grounds that it is obvious. In Conor Medsystems Incorporated (Respondents) v Angiotech Pharmaceuticals Incorporated and others (Appellants) the House of Lords upheld the Patent as being valid.

There are three types of patents in the United States: Utility, Design and Plan patents.

The UK Intellectual Property Office (UKIPO) is set to clear up the uncertainty surrouding exceptions to patent law for researchers.

The ongoing Patent dispute between Sun Microsystems and NetApp surrounding ZFS file system technology used by Sun seems like it may be coming to a resolution

Threats provisions were included in intellectual property (IP) legislation to address the concern that when threats to sue for infringement of intellectual property rights are made against companies, the risk of being involved in lengthy proceedings may result in them surrendering and consequently resulting in damaging the business, even if the intellectual property right is unjustified.

Designs can be protected in one of a number of ways.

It is important to consider when an innovation is made how and when it should be protected before any details are published or any samples are circulated. Failure to do so can severely limit, or even wholly undermine, the scope for protecting the innovation either under patent law or as a trade secret under the law relating to confidential information.

Patents are available for most industrially applicable processes and devices

Whilst international conventions are important in protecting patent rights, such conventions deal primarily with procedural issues, while substantive patent law remains governed by national laws

Good question!

In contrast to copyright or the law of confidential information, patent protection does not arise automatically and the filing of an application for a patent, followed by its grant, is necessary in order to obtain protection.

The main features of registered designs: Registered designs can protect both three-dimensional and two-dimensional designs and can be a one-off design.

The following designs are not registrable: Computer programs (section 1(3), RDA). Features of a product which are dictated by their technical function or which are necessary in order for the product or a product which is placed next to it to perform its function known as "must fit" exemptions (section 1C(1) and (2), RDA).

Registering your design in the United Kingdom (UK) does not protect it abroad. If you want to protect your design in countries other than the UK, you can do this in two ways.

The Indian Network of People Living with HIV/AIDS, the Manipur Network of Positive People and the Lawyers' Collective HIV/AIDS Unit officially submitted their opposition to a patent application filed by Glaxo Group Limited for Combivir, a fixed-dose combination of two AIDS drugs (zidovudine/lamivudine, or AZT/3TC). The opposition is based on technical and health grounds.

The May 6 meeting was held at Ford Motor Company’s Dearborn, Mich. design center and included representatives from Ford, Chrysler, General Motors and the Auto Alliance. Future meetings will be scheduled to provide other stakeholders - including insurance companies, independent parts manufacturers and consumer groups - with opportunities to provide their views on these issues.

We are often asked as to the patentability of software. A Court of Appeal decision sought to clarify the UK’s position.

The United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) today announced that they intend to launch a new trial cooperation initiative called the Patent Prosecution Highway (PPH) in September.

The UKIPO classify UK patent applications by their technical content

Infringement of a UK registered design occurs when a person does anything which infringes the registered proprietor's exclusive right to use the design or any design which does not produce a different impression on the informed user.

Exploiting intellectual property rights may lead to possible breaches of competition law.

The most important factors to bear in mind with a registered design infringement case are as follows i) Assess the registered design; ii) Assess the accused object; iii) Asses the prior art.

The most important factors to bear in mind with a registered design infringement case are as follows

Qualcomm, the claimant in this case, owned two European patents relating to mobile phones: the first one related to an apparatus for controlling the way in which the mobile telephone reduces power consumption by monitoring a channel for incoming messages intermittently.

Academic inventions can also give rise to problems.

The United States Patent and Trademark Office (USPTO) is offering new pilot program through which law students will be able to gain practical experience practicing intellectual property (IP) law before the agency.

Without express contractual provision, the ownership of an invention made by an independent contractor will vest with the contractor, unless the court is prepared, on the facts, to imply a term into the contract giving ownership to the party that has commissioned the work

A registered proprietor and an exclusive licensee may bring proceedings for infringement of a design (section 7(1) and section 24F, RDA).

Many inventions are made by inventors as part of their normal employment and, whilst their names will appear on the patent specifications as the inventors, their employers will usually own the patent.

Parts of a Product are also Protectable

Examples of Patents

What is Patentable in the UK

The Constitution of the United States gives Congress the power to enact laws relating to patents, in Article I, section 8, which reads “Congress shall have power . . . 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.” Under this power Congress has from time to time enacted various laws relating to patents. The first patent law was enacted in 1790. The patent laws underwent a general revision which was enacted July 19, 1952, and which came into effect January 1, 1953. It is codified in Title 35, United States Code. Additionally, on November 29, 1999, Congress enacted the American Inventors Protection Act of 1999 (AIPA), which further revised the patent laws.

Its an effective way of protecting a design.

The main statute governing registered designs in the UK is the Registered Designs Act 1949 RDA.

The fact that notification of an IP right exists or is registered does not amount to a threat of proceedings.

Summary judgment in a significant patent infringement suit concerning clustered database software has been won by Oracle Corporation.

The world's largest computer disk drive maker, Seagate Technology, has filed a patent infringement suit against the company STEC Inc, a maker of flash-memory storage products.

A threat is to be tested objectively and is made if what is communicated is understood by the ordinary recipient as being a threat of infringement proceedings (Brain v Ingledew Brown Bennington & Garrett (No.3) [1997] FSR 511).

The Locarno Classification system is used as a means of classification for industrial designs.

If you wish to have your design or designs published and registered it costs GBP £60 to apply to register a single design or the first design in any multiple application.

Why designs cannot be registered

If you are the creator of a design, you will be regarded as the owner of that design and entitled to apply for design registration.

A registered proprietor and an exclusive licensee may bring proceedings for infringement of a design (section 7(1) and section 24F, RDA).

Infringement of a UK registered design occurs when a person does anything which infringes the registered proprietor's exclusive right to use the design or any design which does not produce a different impression on the informed user.

A Patent is a legal monopoly giving an inventor (or his employer) the exclusive right to make, sell, import or otherwise use his invention. Patents are territorial and the present procedures sheet relates to UK Patents.

Comic firm Marvel and film producer Twentieth Century Fox and a UK company is being sued over promotional sunglasses that are similar to those in the film Fantastic Four: The Rise Of The Silver Surfer. RDP Limited is a London-based company which sources promotional film merchandise.

Patents are monopoly rights granted by the UK Intellectual Property Office to protect inventors. The relevant act is the Patents Act 1977 (PA 1977).

The mobile phone King Nokia has won a patent infringement case against US chipmaker Qualcomm.

A patent dispute between MercExchange and eBay has been settled. In the case, the Supreme Court sided with the eBay in what is considered to be an important ruling on intellectual property.

To be registered as a Community design, Article 4(1) of the Community Designs Regulation (6/2002/EC) (CDR) provides that a design must be new and have individual character.

Individual character is paramount to registered designs (section 1B(1), RDA). This means that it must give a different overall impression from previous designs to the "informed user", who may not be a design expert but is a person who is familiar with the products in the field (section 1B(3), RDA).

If a designer discloses his design he has a 12-months in which to apply for registration of the design (section 1B(6)(c) and (d), RDA).

The most important things in a case about registered designs are: i) The registered design; ii) The accused object; iii) The prior art.

As well as the whole product, parts of the product are also protectable

A design must be new (section 1B(1), RDA). An identical design (or a design differing in immaterial details only) must not have been disclosed to the public anywhere in the world prior to the relevant date (which will usually be the date of application for registration) (section 1B(2), RDA). There are some circumstances which will not constitute disclosures for this purpose however (section 1B(6), RDA.

A registered design gives 25-year monopoly right in the design. Registration gives the exclusive right to make articles incorporating the design, allowing the owner to sue for infringement even where the defendant did not copy the design.

A design that is protected can be of the whole or a part of a product resulting from the features of, in particular, the contours, lines, shape, colour, texture or materials of the product or its ornamentation (section 1(2), RDA).

Registered designs can protect three-dimensional and two-dimensional designs and can be a one-off design.

The main statute governing registered designs in the UK is the Registered Designs Act 1949 RDA.

Motorola and Research in MOtion (RIM) are in the middle of a legal battle over patents. Both parties claim that the other is infringing their patents, this has occured since the expiry of a cross-licensing agreement in 2003.

The fact that notification of an IP right exists or is registered does not amount to a threat of proceedings. These provisions have been interpreted very narrowly by the courts; doing any more than sending, for example, a copy of the trade mark certificate and a covering letter drawing the recipient's attention to it, could potentially take an IP owner out of the exceptions and amount to an implied threat.

Statutory provisions provide that any "person" making the threats can be sued. As "person" is not defined or qualified, it is potentially very wide and could include not just the IP owner, but a licensee, user or anyone else, whether or not they have an interest in the IP right in respect of which the threats are made.

A threat action can be brought by "any person aggrieved" by the threat and not just the person threatened.

Some activities by a suspected infringer will not be an actionable threat for an IP owner to threaten proceedings for the alleged infringement of its IP right.

A threat is to be tested objectively and is made if what is communicated is understood by the ordinary recipient as being a threat of infringement proceedings (Brain v Ingledew Brown Bennington & Garrett (No.3) [1997] FSR 511).

The question of whether computer software can be protected via patents has taken an interesting turn in the past week or so with the High Court finding in favour of four companies that appealed the UK IPO's decisions to reject their patent applications on the grounds that they were for computer programs.

The High Court in the UK has increased the protection available for computer implemented inventions.

Gaining the protection of a patent looks set to become even cheaper in May this year.

The Washington Post has an interesting article: http://www.washingtonpost.com/wp-dyn/content/article/2008/02/04/AR2008020401016.html about Microsoft's defence of their patents.

For a patent to be registrable it must involve an inventive step.

Microsoft is developing a new system capable of monitoring a worker's productivity, competence and physical wellbeing.

When you file a UK patent in the UK it only provides protection in the UK. If you want protection in a number of countries then, in general a separate application has to be made in each country in which protection is desired, and the applications filed within ONE YEAR of the original filing.

We are often asked this question; hence I thought it would be useful if I set out a short note on this.

The law has been busy in establishing threat legislation over the years. Threats of proceedings for infringement of a patent include a UK or European patent (section 77(1)(b), Patents Act 1977). Threats of proceedings for infringement of a trade mark include UK, Community and International trade marks (section 52(3) and 54(3) TMA; Regulation 4, Community Trade Mark Regulations 1996 (SI 1996/1908); and Article 4, Trade Marks (International Registration) Order 1996 (SI 1996/714)).

Be careful what you wish for Part 1 Intellectual Property and threats

The rumour site 'Think Secret' has been shut down by the computing behemoth Apple.

The Court of Appeal in the case of Proctor & Gamble v Reckitt Benckiser has delivered an important judgement regarding the scope and interpretation of registered community design rights.

Crocs

Get Your Wigs On

A design for ‘fluid distribution equipment’ has become the first Registered Community Design to be invalidated on the grounds of the ‘must fit’ exception contained in Article 8(2) of the Community Design Regulation.

Once a design has been registered it is possible for a third party to apply to have the registration invalidated. The basis’ for this, as set out in the Community Design Regulation 2002, include the following:

A Registered Design protects that overall impression of a design or drawing

It is a common request....I want an Injunction to stop Mr X from doing so. I hear this request weekly. Please note that the common failings with this approach are as follows:

Callaway Golf has won a patent infringement case against Acushnet, the company responsible for the manufacture of the popular Titleist Pro V1 ball.

Designs can be either registered or unregistered

Further to my recent article on how Amazon had been dealt a blow in the US over having to narrow its 'One-Click' system. Amazon have now suffered a further setback in Europe.

A Registered Design protects that overall impression of a design or drawing

The note below looks at the duties owed by a principal to its agent. These are of course subject to variation by agreement and, where they apply, The Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053, as amended by SI 1993/3173 and SI 1998/2868) (the Regulations):

Patents and Your Website

A Registered Design can protect designs, drawings, images, diagrams, or even (via photographs) the overall impression of an object

A Registered Design protects that overall impression of a design or drawing

There are various rationales for patent protection, this article explores some of the main ones.

Starbucks has been sued for allegedly infringing another company's patented design for a nonelectric coffee maker

One of the main reasons why shoppers love the high street is because they can bag ‘look-alike’ designer clothes at bargain prices.

The Court of Appeal in the case of Proctor & Gamble v Reckitt Benckiser has delivered an important judgement regarding the scope and interpretation of registered community design rights.

The Office for Harmonisation in the Internal Market the body which deals with the Community Design System has confirmed that it submitted the necessary documents to the World Intellectual Property Organisation needed to sign up to the Geneva Act of the Hague Agreement on 24 September 2007.

For a patent to be registrable it must involve an inventive step.

Unregistered design rights protect the shape or configuration of a marketable product, they are used to prevent unauthorised copying of an original design.

Designs can be either registered or unregistered

A patented invention is recorded in what is known simply as a patent document

Since 2003 over 200,000 community designs have been registered. They offer a cheap and quick method of protecting your IP.

Under a new agreement both the American and the British patent office have agreed to share information on patent application and recognise each office’s patent examination reports. It is thought that this deal will aid the long patent application process to be easier and less time consuming.

Number four in this series of articles about intellectual property issues and your website looks at what you should be considering where patents are involved.

Your Website and Intellectual Property

It is possible for new uses of known things to be 'novel' in the patent sense, (i.e. not known) where they are directed towards a new use that is sufficiently different so not to be regarded as being part of the state of the art.

We are often asked this question; hence I thought it would be useful if I set out a short note on this.

The number of people submitting ideas for patents in the UK has never been higher.

In general computer programs cannot be patented as they are excluded subject matter under S1(2) / Art 53 (a) Patent Act 1977

No!

The U.S. Patent and Trademark Office has a growing backlog of applications for new patents. Nearly 800,000 are in the queue. So the office developed new rules to streamline the process. They're scheduled to take effect Thursday, but a lawsuit is threatening to prevent those changes from happening. The point of the rule changes would be to simplify applications that can be thousands of pages long and would also limit the number of times rejected applications can be refiled. At the moment there is no limit.

A patent is an exclusive right awarded to an inventor (or his/her employer) by the government for a 20 year period in reward for inventing a product which adds something to a particular art. A patent rewards the inventor in that he/she can obtain the fruits of his/her invention in exchange for disclosing the nature of the invention to the public.

An agreement that could slash the cost of filing a patent across Europe can come into force after the French Government signed up to the system. Called the London Agreement, it could not take effect without French backing.

Most of the claims in Amazon's controversial patent for shopping with a single mouse click have been rejected by the US Patent Office. It follows a campaign by a New Zealander who filed evidence of prior art with funding from readers of his blog.

A recent case in the High Court has determined how far patent claims should be construed. Monsanto Technology LLC v Cargill International SA & Another (2007) highlights how the Courts construe patent claims covering genetic material and genetic sequences.

A U.S. unit of GlaxoSmithKline, one of the world's two biggest drug makers, has accused a Florida health-products company of infringing a patent for Breathe Right nasal dilator strips used to combat snoring.

The criteria for patentability in the UK are set out below (these are adopted from the European Patent Convention):

You need to establish that it is common place

Registered Design and Legislation considered:

The term 'design' is used rather flippantly. However, it is important to know when something cannot qualify as a 'design'.

The EC submitted its instrument of accession to the Geneva Act of the Hague Agreement on the International Registration of Industrial Designs on 24 September 2007.

To examine whether a design is 'commonplace', the test is as follows. If a design is 'commonplace' then the owner of that design should not be able to prevent other traders from also using the design, and it should not be legally protected.

253 Remedy for groundless threats of infringement proceedings

Concurrent Computer Corp and C-COR Inc have entered into a series of deals that grant Concurrent licences over technology originally developed by Oracle Corp.

The EC submitted its instrument of accession to the Geneva Act of the Hague Agreement on the International Registration of Industrial Designs on 24 September 2007.

There are various searches which need to be considered in order to ensure that your invention or something similar is not already out there.

What happens if a third party who has allegedly infringed your patent has not produced something which falls exactly into your claim?

Care must be taken when threatening a third party with proceedings for infringement of a registered design that the design registration in question is in fact valid.

Nike has just launched a new shoe design in a bid to promote physical fitness for American Indians, a population with high obesity rates.

The UK Intellectual Property Office (IPO) are considering proposals made in the Gowers review which reccomended the introduction of a fast track process fro granting patents and registering trademarks.

The European Patent Office (EPO), the German Patent Office (GPO) and the UK Intellectual Property Office (UKIPO) have published the results of a joint study into the productivity of the three offices.

Angiotech Pharmaceuticals, Inc said it has reached a 'favourable' agreement with Johnson & Johnson's subsidiary

One of the main reasons why shoppers love the high street is because they can bag ‘look-alike’ designer clothes at bargain prices.

An agreement which reduces the costs associated with post grant translation fees for patents granted by the EPO is on course to come into effect in the first half of next year.

Protecting a design is both simple and complicated. At the most basic level, protection may be available automatically on creating the designs.

Once a design has been registered it is possible for a third party to apply to have the registration invalidated.

Following on from the agreement earlier this year between the UK and Japanese Patent Offices regarding the accelerated examination of patent applications, The UK Intellectual Property Office (UKIPO) has recently announced a similar agreement with the US Patent Office.

Dyson, designer and producer of vacuums successfully sued Qualtex for infringing its unregistered design rights after Qualtex began producing spare parts for Dyson cleaners and have just upheld their position in appeal.

Under a new agreement both the American and the British patent office have agreed to share information on patent application and recognise each office’s patent examination reports. It is thought that this deal will aid the long patent application process to be easier and less time consuming.

Registration of a logo by way of a registered design can provide a viable alternative trade mark registration or a useful second line of protection in respect of a logo which has or will be registered as a trade mark

The Office for Harmonisation in the Internal Market (OHIM) has taken another step towards helping to simplify the registration of designs in some countries outside the EU.

The novelty requirement.

Yes. Although a patent application will be assessed by skilled patent examiners to ensure that it complies with the relevant statutory provisions governing patents anyone can apply to the Court Patent County Court/High Court) or to the Patent Office to have your patent revoked.

The requirement of novelty

A design may be protected as a Community Registered Design (a "CRD").

A bid by Pfizer Inc. to win reissuance of a U.S. patent protecting its blockbuster Lipitor cholesterol medicine has been rejected on a preliminary basis.

Intergraph Corporation, a leading global provider of spatial information management (SIM) software, announced a patent license agreement between Intergraph's intellectual property subsidiary and Sony Corporation of Japan.

What is a patent?

Groundless Threats of Infringement - the requirements

A federal judge in California has awarded Broadcom Corp. double damages totalling $39.3 million in its patent infringement case against wireless chip rival Qualcomm Inc.

The Department of Commerce’s United States Patent and Trademark Office (USPTO) has issued patent No. 7 million to DuPont senior researcher John P. O’Brien for “polysaccharide fibres” and a process for their production.

An inventor who wrote his patent from scratch and conducted a legal campaign against Nokia has lost his claim for patent infringement against the mobile phone company.

The term ‘design’ is used rather flippantly. However, it is important to know when something cannot qualify as a ‘design’.

At 1,200 patents per million people, Japan has the highest rate of patents in the world

A charity supporting women in business has leapt to the defence of Norfolk's enterprising talent, after it was branded one of the least innovative places in the region.

A new website has been set up allowing the public to rewrite Patent’s in layperson’s terms.

The High Court has enforced the current UK position on the exclusions from patentability in the recent case of IGT v Comptroller General of Patents.

Schedule A2 of the Patents Act 1977 (which implements the Biotechnology Directive (98/44/EC) provides that although biological products and processes are not, per se, unpatentable, certain biological subject matter cannot constitute patentable inventions.

A design was once described as “intelligence made visible”.

Being able to commercially exploit your invention is essential to ensuring that you are rewarded for the time and expense in creating something which is novel to the particular art

A brief explantion of design law

On the whole the Australian design system operates on a similar basis to the EC/UK system.

Registered design can be a used to protect a wide range of items but its benefits are often overlooked in favour of Patent or Copyright.

What is the correct approach to adopt in determining whether an invention relates to subject matter that is excluded under Article 52?

The breakthrough made in relation to interpreting whether computer programs and business methods ‘as such’ can be patentable by Jacob LJ in the Court of Appeal in Aerotel/Macrossan has unfortunately been criticised by the EPO

A patent application submitted to the UK Intellectual Property Office entitled “A Gaming Device Having a Progressive Award Funded through Skill, Strategy, or Risk Dependent Gaming Event”, has been refused on the basis that it does not meet the requirements for patentability.

Nintendo is being sued again over alleged patent infringement in relation to the chips used in its Wii console.

The Office for Harmonisation in the Internal Market (OHIM) has taken another step towards helping to simplify the registration of designs in some countries outside the EU.

Designs in the US fall under the Patent system

Where do you want your design to go

The Canadian Design system differs in several aspects from the UK EU system.

Protecting a design is both simple and complicated. At the most basic level, protection may be available automatically on creating the designs.

The European Commission has begun a fresh round of talks on an EU-wide patent system, trying to break a 20-year deadlock which harms the 27-nation bloc's innovation performance.

Registering your design in the United Kingdom (UK) does not protect it elsewhere.

A number of yoga enthusiasts and experts in New Delhi are strongly opposing attempts at patenting yoga overseas.

Damages for patent infringement awarded by a UK court must not be paid back even if the patent is later declared invalid by the European Patent Office (EPO), the Court of Appeal has ruled.

Google has launched a new tool allowing anyone to search for US patents by keyword, patent number, inventor and filing date.

IBM and Amazon have settled a two-way patent dispute dating from 2002.

The Internet phone company Vonage Holdings said that it was seeking a retrial of a patent infringement case against the company in light of a landmark patent ruling by the Supreme Court on 1 May.

British defence company BAE Systems is set for a legal battle over allegations that a US-owned supplier copied designs for part of a top-secret Ministry of Defence communications system worth hundreds of millions of pounds.

The US Supreme Court made it easier to invalidate patents, scaling back a legal test that has fuelled an era of protection for new products.

The US Supreme Court has said that Microsoft cannot be punished for the breach of a US patent that takes place on foreign soil.

The Court of Appeal in Beheer BV v Berry Floor NV and others this week held that a Defendant’s Patent which was partially valid but also infringed the Claimant’s Patent and where the patent was a European Patent, they were estopped from asserting a potential finding of invalidity of that patent which may be made in opposition proceedings.

A bill that would revolutionise US patent law has been introduced in the US Congress. Though recent attempts at reform have failed, a recent reversal in the political climate in Washington could make change likely on this attempt.

SinoBiomed Inc. ("SinoBiomed”) is a leading Chinese developer of genetically engineered recombinant protein drugs and vaccines.

Vonage has won a last minute reprieve from a federal judge on Friday.

The European Commission is once again attempting to introduce a Europe-wide software patenting system.

The fast-food giant McDonalds has filed patent applications in Europe and the US that specify "the method and apparatus of making a sandwich".

One of Britain’s leading nanotechnology companies is in a legal battle over one of its key products.

Applying for a patent in the UK does not protect it elsewhere in Europe.

There is an urgent need for action to provide a simple, cost-effective and high-quality patent system for the European Union says a European Commission Communication issued this month.

In the first application of the 4-step test to determine patentability following Aerotel/Macrossan, the High Court upheld the decisions of the Patent Office by rejecting two applications.

A patent licencing agreement between Nokia and Qualcomm has expired without being renewed.

Primary school children are being urged to let their imaginations run wild.

The American company Skyline Software Systems provides a three-dimensional mapping program over the internet.

Reebok accuses Nike of infringing patented collapsible shoe technology.

Popular BBC2 show ‘Dragons Den’ highlights just how crucial intellectual property is.

A recent Patent Office decision relating to Registered Designs for clothing items has provided further guidance on the scope of protection offered by registered designs. The two main requirements for registration as a design are:

Nokia announced that it has filed complaints against Qualcomm pertaining to Qualcomm’s European patents license which has been exhausted in respect of products placed on the European Union market.

Whether you protect your invention on a national or international level will depend on the invention itself and whether you intend to sell the product internationally

Since January 2003 it is possible for design owners to register their design with the Office for Harmonisation in the Internal Market (OHIM), based in Alicante, Spain

A design right is one which does not require any form of registration

MP 3 Players (Apple, Samsung and SanDisk) have been sued for infringement of patents by Texas MP3 Technologies.

Apple were unhappy with the similarity between the digital music player created by Luxpro

This right was established by the Copyright, Designs and Patents Act 1988

4 approaches are now to be made

The government wished to encourage innovation. As a result British Designers have been more willing to register their deisgns than their European counterparts

The system of Community designs became operational on 1 April 2003. A single registration ensures protection across all Member States.

It was announced on 15 November 2006 that Cobalt Laboratories Inc. has reached a patent litigation settlement with GlaxoSmithKline Plc.

The novelty of the design resides in the features of shape or configuration applied to the article as shown in the representations which are filed at the time of the application.

Watch this space!

What happens if a third party who has allegedly infringed your patent has not produced something which falls exactly into your claim

I was thrilled to recently learn that some certainty has seeped its way into the area of apparently un-patentable subject matter

Landor & Hawa International Ltd v Azure Designs Ltd [2006] EWCA Civ 1285

The Sunday Business Post one of Ireland’s leading newspapers reported last week that the high street store Dunnes was facing court action for alleged copying.

Motion UK Ltd v Inpro Licensing SARL, and T-Mobile (UK) Ltd

The ongoing trademark dispute the Beatles and Ipod creator Apple has finally been settled.

The House of Lords, the highest court in England and Wales, has refused Neal Macrossan leave to appeal

A ruling in the US Supreme Court looks to have weakened the power of the Patent once more.

Patent legislation requires that to secure a patent over you invention, the invention must:

The Patents Act 1977

A collection of twenty two light bulbs belonging to Thomas Edison have been auctioned in London.

It was reported this week that International Business Machines Corporation (IBM), the world’s largest computer services company, have claimed that they own the most United States patents.

Reginald John Bailey and another v Graham Haynes and another, 2 October 2006.

The ongoing dispute between Amazon and IBM has continued with Amazon.com countersuing form Patent Infringement

Apple has settled its Patent dispute with Creative Technology for $100 million.

Yes

What happens when two minds co-create a patentable object and then fight over its exploitation?

Mr Macrossan was the owner of a patent for an automated method of acquiring the documents necessary to incorporate a company

Oxfam claims poor people are dying needlessly because global pharmaceutical giants continue to monopolise drugs for diseases like cancer and Aids.

Brief outline of the Australian registered design system

Halliburton wins in the US loses in the UK

An ongoing patent feud between IBM and Amazon.com changed direction last week as the e-commerce giant countersued Big Blue for infringement and discredited their earlier accusations.

Andrew Gower was commissioned only last year in December to review intellectual property

Your brand is arguably your most valuable asset, registering a trade mark is a first step to protecting this but registering design of the items being sold is also an important step

Design registration is treated differently in the USA than it is in Europe, instead of being a separate right it forms part of the patent system.

Section 3 of the Patents Act 1977 states that, to be patentable, an invention must involve an inventive step. This principle is settled law in all countries in their respective national laws and the European Patent Office (‘EPO’).

The Financial Times has reported that watering down patents would be opposed by businesses and academics if they gave less protection

The Supreme Court is faced with a case on obvious intentions.

The District Court in Los Angeles has ruled that two LCD screen manufacturers, Chunghwa Picture Tubes and Tatung Company, have infringed LG Philips's patents.

The High Court has recently ruled that Quads4Kids, a business selling children’s bikes on eBay does not infringe the Community Design right

The Macrossan case was observed carefully by patent experts because of the controversy concerning patenting software and whether the law in the UK would change

The judgment of two recent Appeals Court patent cases will be used by the UK Patent Office as the “benchmark"

Czech brewery, Budejovicky Budvar NP said that on Thursday, November 9, the Patent Office in Portugal has registered its “Budweiser Budvar” trademark in that country

A director of a company has been found personally liable for a patent infringement by a UK Court

The House of Lords reconsidered the test for obviousness in patent disputes in Sabaf v Meneghetti and MFI

A landmark Court of Appeal ruling has refused Australian resident Neal Macrossan the right to a patent for a piece of software he invented for filling in company formation forms online.

York Pharma Plc is a USA based company, which is developing pharmaceutical products for skin care, announces progress in the development of Sabarep™, York's patented treatment for atopic eczema and related diseases of the skin.

Professor Zagyansky, who says Albert Einstein's theory of relativity is wrong and claims to have discovered a new magnetic force that appears to support flying carpets and perpetual motion, has been refused by the European Patent Office (EPO) for failing to describe a patentable invention.

The U.S. Patent and Trademark Office had accepted the application by Qualcomm Inc. to re exam a patent owned by Broadcom Corp. This is the conclusion after a dispute between the two companies over a computer chips used in mobile phones.

The on going Patent infringement claim against MoSys Inc. has finally come to an end as MoSys announced that it will pay $2.4 million to settle a patent infringement case filed by Uniram Technology

Israeli Patent Registrar Dr. Meir Noam has ruled that business methods cannot be patented in Israel on the grounds that it did not “exist in any field of technology nor had any industrial use”.

A High Court ruling is to give a helpful meaning as to the meaning of IP ownership in the KK Sony Computer Entertainment and another v Pacific Game Technology (Holding) Ltd [2006] EWHC (Ch) 2509 case.

The US Patent & Trademark Office published on 24 October 2006 Apple’s new patent for a Camera Latch. Apple’s patent is to be used on a laptop computer and to a camera latch that is incorporated into a laptop computer.

A Japanese inventor has won a patent dispute with his former employer Hitachi before the Japanese Supreme Court, which will result in a compensation of 163 million yen (£733,000) for his research on optical disks.

Japanese inventor has won a patent dispute with his former employer Hitachi

Transmeta is a small player in the microprocessor industry but still had the courage to filed a patent infringement claim against Intel in the United States District Court Delaware.

Plans to create a pan European patent system have received qualified support from the European Parliament

European Union trade commissioner Peter Mandelson condemned China’s patent infringements and threatened to take a case to the World Trade Organisation over patent piracy.

The Article 39 (3) of the TRIPS Agreement

The European Patent Litigation Agreement (EPLA) is causing much fuss amongst the anti software patent brigade

There is confusion in the world of design

It was Wilson Mizner(1876-1933)who once said :

The English High Court has agreed with the verdict of the Comptroller-General Of Patents, Designs and Trade Marks that his invention cannot be patented

HITACHI/Auction method (T258/03)

Registered Designs Act 1949

The answer is where the invention is concerned merely with providing an improved process ie a transactional process over a computer network and therefore it will fall within the business method exclusion of the Patents Act 1977 .

A registered design is a temporary statutory monopoly

A settlement was reached after lengthy negotiations

Your brand is arguably your most valuable asset

In terms of the UK protection it is possible to register at both the UK level and European level.

The title sets out the general overview or field of the patent. It is usually broad and general. Don’t give away the secret so early!

This is a somewhat controversial issue and there has been various proposals made at national and European level to provide a consistent approach to the registration of software and business method patents.

Yes.

Nintendo and Microsoft are being sued by a small Texas company called Anascape over alleged infringement of twelve patents belonging to the company which were registered between 1999 and 2006

GlaxoSmithKline the huge British drug corporation has dropped its controversial application to patent a key AIDS drug in Thailand and India

There are various searches which need to be considered in order to ensure that your invention or something similar is not already out there

Timing of your application is an essential feature of the application process.

Whether you protect your invention on a national or international level will depend on the invention itself and whether you intend to sell the product internationally

Unregistered design right provides a useful form of protection given that it subsists automatically providing the relevant requirements are fulfilled

Patent legislation requires that to secure a patent over you invention, the invention must...

The mobile giant Ericsson has filed a new claim against its equally successful competitor Samsung in a court in Texas, USA for Patent Infringement.

As solicitors we hear great ideas / inventions however on many occasions we have to break the bad news that a patent cannot be secured.

There are various searches which need to be considered in order to ensure that your invention or something similar is not already out there.

Being able to commercially exploit your invention is essential to ensuring that you are rewarded.

An important law which you should use more frequently

The Patent Office has introduced a new Registered Design law for October 2006

The Office for Harmonisation of the Internal Market has once again opened its competition to find the most outstanding pieces of intellectual property work in Europe.

Britain have signed a treaty with India over the protection and enforcement of intellectual property rights

The Patent Office has published details of a potential design system shake-up.

The search engine giants, Google won an another round in relation to a patent infringement claim surrounding the source code that drives Google Earth

The ASU releases disappointing results

The singer Meat Loaf is suing his former songwriting partner Jim Steinman for trying to claim the rights to the phrase "Bat Out of Hell," the title to his hit album series, according to his attorney.

The internet auction giant’s e-bay has escaped a patent injunction against them.

A report by the Business Software Alliance has identified vast amounts of software piracy being conducted by United Kingdom businesses.

Tate & Lyle, the world famous sugar manufacturer, is suing a Chinese manufacturer for patent infringement.

According to a claim recently filed in a federal court, Microsoft misappropriated

Japan and China have entered a huge intellectual property dispute over the rights to the carnation flower.

The employers’ organisation CBI has called for the way British intellectual property is looked after in international markets to be reviewed

Let us assume that your product is not patentable.

The leading Internet search engine ‘Google’ has been granted a patent for a system which provides search results from the query

Apple, the owner of the Mac, has been accused of infringing another company’s patent.

The leading Internet search engine ‘Google’ has been granted a patent for a system which provides search results from the query.

Brands are big business. They can be worth many millions of pounds.

On the 3rd April the Patent Office launched a new mediation service to help solve disputes over intellectual property rights.

It would appear that the only real benefactors of the current software patent regime are large companies. A discussion

eBay will lead the fight against ‘patent trolls’ by heading a coalition of America’s leading technology companies appearing in the Supreme Court.

The Full Federal Court of Australia has made a decision which may change the way the Australian Patent Commissioner considers the test for inventiveness when dealing with patent examinations.

Online betting firm Betfair have acquired the Mobet software from Rapid Mobile which will allow the company to operate a mobile betting platform which will run along side their online services.

The long running patent infringement dispute between Research in Motion (RIM), the makers of BlackBerry and NTP Inc has settled for $612.5 million US dollars.

A small software developer plans to seek royalties from companies that use XML, the latest example of patent claims embroiling the tech industry

Pop group U2 have found themselves entangled in an on-going legal battle between a multi-media firm and the creators of the ipod, Apple.

The world’s largest sportswear manufacturer Nike is in the process of suing rival manufacturer Adidas for patent infringement over cushioning systems used in its footwear.

Relief all round in London this month for Blackberry and T Mobile to name just 2 ! as the patent infringement claim brought by Inpro Licensing relating to the supply of Blackberry devices ended with dismay for the Luxembourg holding company.

The United States Patent and Trademark Office (USPTO) has confirmed that it will re-examine a patent which covers the ‘compression, manipulation and transmission of JPEG images

A panel of experts have recently expressed their concerns that the current European patent system is far too expensive and is hindering competition rather than encouraging innovation.

The benefits of registered design protection should not be overlooked

The House of Lords in Buchanan v Alba Diagnostics Limited [2004] UKHL 5 has confirmed that it is implied that in a purchase or assignment of a patent, the right to improve it is g

The United Kingdom has ratified a patent treaty that proposes to streamline and simplify the patent registration and maintenance processes.

Nokia, one of the world’s largest mobile phone manufactures has resolved a long running patent dispute.

BlackBerry email service provider RIM has announced that the US patent office has ruled against two more NTP patents in their fight over the popular service.

Google the world’s most infamous internet search engine is being sued for patent infringement.

Samsung has launched a legal battle against Matsushita over patented technology used in the production of flat screen televisions.

The patent rules of Cambridge University are to be tightened up and will prevent its academics from making millions of pounds from inventions and discoveries made at the University.

A long running dispute over the intellectual property rights to software used in the iPod could end in legal action being taken against Apple.

EU regulators on Monday closed an antitrust investigation into ‘standard setting’ rules employed by telecom standards group ETSI (European Telecommunications Standardisation Institute), an independent organisation that sets standards in Europe, to ensure that its procedures do not allow anti-competitive behaviour.

The U.S. Supreme Court on Monday rejected an appeal by digital media manufacturers

The intellectual property rights afforded to individuals who create and innovate in the United Kingdom is set to be reviewed by an independent body.

The Patent Office has announced that it intends to alter the way it examines patent applications for inventions relating to computer games.

Research in Motion has recently learnt that its settlement in March with NTP Inc over the Blackberry was in fact invalid.

An appeal against a Patent Office decision, not to grant a patent for an online lottery service, has been dismissed by the High Court.

The UK Patent Office has launched a consultation to reduce the amount of time businesses spend on trade mark, patent and design registration.

Despite a rise in patent applications in India, the actual amount granted so far this year is only marginally higher than the figures for 1995.

On Tuesday it was announced that the company RPG Life Sciences Limited was granted a patent for its novel process of producing Risperidone API (Active Pharmaceutical Ingredient) by the Registrar of Patents, USA.

The company Solexa has acquired new patent additions to its Intellectual Property (IP) portfolio.

The Company behind 3G technology has filed a complaint against Nokia in a San Diego District Court, accusing the Swedish phone company of patent infringement.

The US Patent Office has published an application for a “storyline patent,” that could potentially offer protection for one’s creative ideas, rather than just the expression of those ideas.

The UK Patent Office is due to hold a free ‘What is the Key?’ event for businesses operating in Kent on 8 November 2005.

Hewlett Packard has notified Cartridge World North America that it has discovered patent breeches in ink cartridges sold by a number of stores across the US.

The US based pharmaceutical company Pfizer was celebrating its victory after receiving a long awaited judgement in the High Court. The decision prevents generics companies from copying its successful cholesterol-lowering drug ‘Lipitor’ until at least 2011.

As of the 1 October 2005, the UK Patent Office has simplified periods for paying renewal and late payment fees in an attempt to bring UK patent procedures in line with other EU member states

On 1 October 2005 the Community Designs Regulations 2005 (the Regulations) came into force. This has introduced various changes in order to ensure the compatibility of the UK and the European systems.

Increasingly, the European Patent Office raises the objection that claims (although are considered novel and inventive) fail to define the essential features of the invention.

Creative technology has been awarded a patent in the United States for a digital interface used on digital music players.

The Patent Office recently celebrated its 150th anniversary. To mark the occasion the BBC Radio 4 programme ‘Today’ held a poll and invited listeners to vote for the best and worst inventions of all time chosen from a short list.

Larry Ellison’s company Oracle has suffered a blow after a patent examiner refused to grant a patent for its method of converting a document from one mark-up language to another.

The case of Halliburton Energy Services Inc v Smith International (North Sea) Limited and another [2005] EWHC 1623 (Pat)

In the recent court decision Mars UK Limited v Burgess [2004] EWHC 1912 (Ch) the court assessed the extent of any passing off by a rival cat food manufacturer of the well known WHISKAS brand and product packaging.

This article seeks to highlight the advantages of registered design rights that can provide enhanced rights alongside new trade marks and assisting those seeking to rely on images and merchandising where passing off is an expensive and uncertain route

Registered design legislation governed by the Registered Designs Act 1949 has been amended by the Copyright, Designs and Patents Act 1988 and Directive 98/71/EC.

A recent case held in the Patent Court of the Chancery Division sheds light on the complicated issue of patent litigation, particularly regarding jurisdiction.

Proposals announced last year ensuring that the Community Design System functions properly within the UK are set to go ahead according to the UK Patent Office earlier this week

The Office for Harmonization in the Internal Market (OHIM) based in Alicante is in charge of registering Community designs from April 1st April 2003, under the new community system for the protection of designs, set up by Regulation 6/2002 of 12 December 2001.

With a new patent regime in place, New Delhi will shortly enter the modern age of Intellectual Property by having its first hi-tech patent office.

Campaigner Florian Mueller is urging the European Parliament to pass a resolution...

The US congress is currently considering whether to introduce legal reforms to its Patent legislation that would see America falling in line with the EU and other legal systems.

The Patent Office has announced that it intends to implement recent proposals that will harmonise UK law with the Community design system.

The European Patent Office has set up a website that provides guidance on the patentability of computer-related inventions.

The Claimant filed with the Patent Office an application to register a patent under the Patent Co-Operation Treaty (‘PCT’). The application form indicated that the Claimant was claiming priority from an earlier registered domestic patent. Under Article 11(1)(iii) of the PCT the filing date is the date the Patent Office was in receipt of the application.

Also referred to as industrial design rights, these are intellectual property rights that protect the visual design of objects.

It has finally happened. Intel, the owners of the world recognised Pentium computer chip has drawn swords with Patriot Scientific in a multi million dollar Intellectual Property battle.

Microsoft has apparently agreed to pay IBM $775 million to settle an anti competition claim brought by the Justice Department’s case in the mid-90s. As part of the settlement IBM will also be provided with a $75 million credit against Microsoft software.

The High Court of England and Wales has recently ruled on patentable subject matter which will prove to be a blow for the US oil and gas company Halliburton.

In the recent CAT v Abbot case before the UK Patents Court the court had to address valuable intellectual property contract claims

We are often asked this question; hence I thought it would be useful if I set out a short note on this.

In this case, the Claimant, Statoil claimed ownership of the GB patent 2382875 and WO application 03/048812 on the grounds that the true inventors were two of its employees, Dr Ellingsrud and Dr Eidesmo, and not the named inventors, Professor Sinha and Dr MacGregor, from the University of Southampton.

Nanjing Automobile Corporation, the new owners of MG Rover are facing a problem with regard to intellectual property rights.

Last week the Chancery Division ruled on a complex case involving a patent licence and alleged breach via the grant of sub-licence.

Amazon.com Holdings has attacked several websites including Orbitz and Avis claiming that they have infringed its patents.

The UK Patent Office have released a consultation with the intention of making changes to the registration and protection of designs in an attempt to modernise the Registered Designs Act 1949 and the Registered Designs Rules 1995.

For businesses as important it is to develop and improve technology, it is equally important to keep an eye on the acts of competitors.

In comparison with other resources of technological information, the patent documents have sensible advantages.

A number of amendments to the Patent Cooperation Treaty took effect on 1 January 2004, which included the provision to an applicant of a written opinion in respect of novelty, inventive step and industrial application at the same time the international search report was provided

Traditionally, Spain did not have specialized courts dealing with IP litigation. IP matters were sorted out by the civil jurisdiction under the general jurisdictional rule (art. 45 of Spanish Proceedings Law).

The European Parliament has rejected the proposed Software Patent Directive by some 648 votes to 14 (18 abstentions). Many are suggesting that the rejection marks the end of the proposed Directive, a Directive which has become renowned for its controversy.

Traditionally Spain did not have specialized courts for IP matters, now there are 24 new courts aimed to deal with IP

This move comes as intellectual property concerns spread amongst large companies, many of them involved with lawsuits related with Linux Technology

Good contract drafting essential in exploitation of patent technology

A British firm has announced that it has sued a number of companies, including Amazon.com and BarnesandNoble.com, over alleged infringements of patents relating to the tracking of the navigational path of a user through the internet.

Consumers who want to download digital media often have to figure out whether to choose protected files from different platforms like Apple iTunes or stores using Microsoft's digital rights management.

LMA International NV (LMA), through its wholly owned subsidiary, The Laryngeal Mask Company Ltd., has filed a lawsuit against Tyco Healthcare Nederland BV, an affiliate of Tyco International Ltd.

Stratagene Corporation (STGN) announced that it filed suit on May 6, 2005 against Third Wave Technologies, Inc. of Madison, Wisconsin, for patent infringement.

Rambus Inc. announced that Samsung Electronics has been added as a defendant in its pending patent infringement suit in the U.S. District Court for the Northern District of California.

When claiming an earlier right it is indispensable to file evidence that is informative as to date or location of the subject matter.

The Patent Office has released new directions under section 124A of the Patents Act 1977 ("the Act") ‘to direct the form and manner in which observations made by a third party, under section 21 of the Act, on the question of whether the invention is a patentable invention may be made in electronic form or using electronic communications’

The Patent Office has published the results of its workshops, which were held in response to concerns raised about the definition of Technical Contribution, as a hurdle for patentability in the Computer Implemented Inventions (CII) Directive, at a meeting chaired by Lord Sainsbury on 14 December 2004.

Hugely popular and often controversial, Patents for software and business methods are readily obtainable in the United States but not so in the UK and EU. However this is changing.

Vignal Systems recently claimed success, following its application to invalidate Macroplast-Pecas Técnicas de Plastico’s Community design for a light, on the basis of prior disclosure.

The European Parliament’s Legal Affairs Committee, JURI, held a meeting on Monday to discuss amendments to the Council’s Common Position on the Software Patent Directive.

A patent infringement dispute involving both Overture Services (a subsidiary of Yahoo!) and its main competitor FindWhat.com has ended with a mis-trial after a Californian jury failed to reach a verdict.

In line with the UK Patent Office aim to promote intellectual property awareness it is now organising its ‘What is the Key?’ event on 7 April 2005 at the Crossmead Conference Centre, Exeter.

Regulation 44/2001 and the Brussels Convention 1968 provide rules for international jurisdiction in civil and commercial matters.

A patent is a complicated text that involves legal and technical work in order to protect an invention. Patents are made of four documents:

USA and Japan actually allow software patents, the EU also admits patentability of software where it forms part of a mechanical creation and provided the software itself is not more that an accessory element.

Historically, the grant of ‘letters patent’ denoted in the United Kingdom a grant from the Crown of a monopoly in respect of an invention, such a grant being an exercise of the royal prerogative under statute.

Hewlett Packard has settled a long running dispute with EMC regarding various patents owned by the respective companies.

A British firm has announced that it has sued a number of companies, including Amazon.com and BarnesandNoble.com, over alleged infringements of patents relating to the tracking of the navigational path of a user through the internet.

Consumers who want to download digital media often have to figure out whether to choose protected files from different platforms like Apple iTunes or stores using Microsoft's digital rights management.

OHIM have issued a new practice notice concerning the Community design

The clothing chain Monsoon is taking legal action against the discount retailer Primark for the alleged breach of the design rights pertaining to a number of items of clothing.

The Swedish telecommunication giants Ericsson have begun proceedings in the British, German and Dutch Courts against the British mobile phone manufacturer Sendo for patent infringement.

Sony Computer Entertainment, the creators of the biggest selling computer console - the Playstation 2, have been successfully sued for patent infringement.

The fundamental reasoning behind intellectual property rights, the jurisprudence, is often neglected or underestimated by many.However, those businesses which have been particularly successful have embraced the practicality that intellectual property, whilst intangible, can in fact provide their greatest asset.

The South Hampshire Enterprise Agency (SHEA: available at www.sehea.co.uk) will launch this year’s Innovention Event on 24 June 2005 at the Intech Centre, Winchester

A lawsuit has been filed by a leading US trading software firm against UK hedge-fund company Man Group over claims that a patent awarded last year entitles it to a share of trading revenue on futures exchanges.

This article assists with an outline of the principles of unregistered intellectual property (‘IP’) right concerning designs

A new patent has been awarded to Sony for a technology that could conjure up smells, tastes and other sensations in the brains of movie-goers. The patent covers a method for generating sensory data onto the human neural cortex

In order for inventive step to be satisfied, the invention must not be one of ‘obviousness’ to an individual ‘skilled in the [relevant] art’.

Oakland District Court has ordered that Sony stop selling its PlayStation and PlayStation 2 consoles within the United States, stating that the console relies on infringing technology. The decision has been stayed pending an appeal by Sony.

Read this article in English / Lea este artículo en español

The United States Patent and Trade Mark Office (USPTO) has rejected the claims of a patent which are currently involved in a $25 million patent infringement action against eBay. MercExchange, the owner of the patent, intends to appeal the preliminary ruling.

The Indian Parliament has passed a new law to become compliant with the World Trade Organization (WTO)'s Agreement on Trade-related Aspects of Intellectual Property Rights. The new law makes it illegal for domestic pharmaceutical companies to make generic copies of patented drugs

A US court on Monday, 28 March ordered Sony to halt sales of its blockbuster PlayStation console in the United States and pay $90 million in damages to a California tech company, Immersion Corporation,

the fact of applying for a patent from the very beginning of the research process gives rise to an important inconvenience: the possibility of anticipating the patent in the case of the initial application is being abandoned or even granted, in order to patent a new more advanced product or process based in the same specifications and claim of the first patent.

Read this article in English / Lea este artículo en Español

Research in Motion (RIM) the maker of BlackBerry announced that it will pay $450 million in order to settle a patent infringement with NTP Inc. The settlement agreement will provide RIM with a perpetual licence for the technology.

The Federal Agency, which issues patents for new technology and inventions, will hire 1,800 patent examiners over the next two years, increasing its current staff of 3,800 examiners

Software giant Microsoft and a Californian Burst.com have settled a patent and antitrust lawsuit over streaming media technology and entered into a licensing agreement, the companies said Friday.

Small businesses and the NoSoftwarePatents (NSP) campaign are against the patent protection for software. They are of the view that patents would turn software publishing into the privilege of a few and would therefore make the software market more anticompetitive. Further, this step would not improve the current scope of protection for software under copyright laws.

The controversial Directive concerning computer-implemented inventions was adopted yesterday after the European Commission took the decision not to restart the legislative process again.

Apple the computer and technology giant could be looking at two separate patent infringement cases over its iPod. One case related to a patent which protects the software against unauthorised use and the other protects a musical jukebox.

A man from California has been charged with misappropriation of trade secrets. Shin-Guo Tsai 35 originally from Taiwan, is a semiconductor design engineer and has been accused of e-mailing his employer’s proprietary data to a rival firm in Taiwan.

Hewlett-Packard Corporation has been sued for apparently including chips in its ink cartridges that instruct the cartridge to stop working after a certain period even though it may still contain ink

The High Court of Justice in MCA Records Inc. v. Charly Records [2002] FSR 401 has confirmed that Director of a company can not escape his/her liability by hiding behind the corporate veil. The Court has explicitly laid down that a director or officer might be liable with the company as joint tortfeasor for acts committed by the company;

The fate of the European software patent directive was decided...the proposal was scrapped and the debate restarted

Read this article in English / Lea este artículo en español

The key component for the computer implemented inventions to be awarded patent protection lies in the term ‘technical contribution’. According to the draft Directive on Computer implemented inventions, a computer-implemented invention must be capable of industrial application, new and involve an inventive step

European Parliaments refuses the proposed Software Patent Directive.

Brief outline of how to gain protection for a design in the USA

The patent claim must be dismissed where the invention consists merely in the juxtaposition or association (even non-obvious) of known devices or processes functioning in their normal way and not producing any non-obvious working inter-relationship

Brief outline of the Canadian Design Registration System

Windows will now introduce a Windows Genuine Advantage scheme. This scheme will allow users to voluntarily check that their version of Windows is legitimate, failing which the user will not receive essential software upgrades.

Read this article in English / Lea este artículo en español

Considering patent contents and inventor strategy

The Patent Office is taking its ‘What is the Key?’ initiative to Belfast to raise intellectual property awareness in respect of trademarks, copyright, patents and designs

It seems that the draft Directive concerning the patenting of computer-implemented inventions will join the ‘backburner’ list of proposed legislation alongside such proposals as the Community patent system.

The High Court of England and Wales has recently ruled on a case concerning spare parts for the Dyson vacuum cleaner. The case has caused controversy amongst those who make spare parts and is the first case on the matter since the Copyright Designs and Patents Act 1988 (the ‘Act’) was passed.

Determining the scope of a licensing agreement requires careful planning and consideration

The long awaited amendments to the UK Patent System which were brought in as a result of the Patents Act 2004 has come into play on 01 January 2005. It is hoped that the amendments will provide a more security to patents owners and bring patent litigation into the hands of smaller businesses.

Guide to countries which recognise rights granted by virtue of registration of a design in the UK.

Read this article in English / Lea este articulo en Espanol

A new patent seeks to cut out the number of drugged rape victims

As the new product patent regime comes into force in the new year there has been a sudden rush in Indian drug companies to file patents. Ranbaxy Laboratories Ltd., India tops the list.

The UK Patent Office has recently announced that it plans to take a stricter approach towards assessing the patentability of business method application, due to a sharp increase of applications made to secure such rights.

What to watch out for - Confidential Information

Disclosure issues in respect of patent infringement

A Gambling overview

From Laddie to the Court of Appeal, the House of Lords considers importation

The House of Lords has recently been called to reconsider the test for obviousness in patent disputes. This case has some importance to Lawdit Solicitors as MFI was represented by Michael Coyle in his ‘previous life’ before setting up Lawdit in 2001.

Sun Microsystems has agreed to pay Kodak $92 million in settlement of the patent infringement concerning Java, the programming language created by Sun. This is a substantially reduced sum from the original $1 Billion claimed in court proceedings.

eBay has recently appealed a decision by a US court which found that it had wilfully infringed the patents belonging to MercExchange. The court also awarded damages of $29.5 million (reduced from $35 million).

Test for ownership does not include consideration of requirement for 'inventive step'.

Kodak has recently been successful in its action against Sun Microsystems for patent infringement concerning Java, a platform-independent programming language developed by Sun. Kodak has sought to recover over $1 billion in damages.

Whether you are a new start up or an existing brand owner do not overlook the obvious

The Competitiveness Council of the European Union has removed from its agenda talks concerning a compromise over the draft Directive on the patentability of computer-implemented inventions.

Its true! A US scientist has worked out how do do it.

To obtain software patent protection, the initial issue is to identify the characteristics of software.

A Canadian designer files Canadian and US Patents for designer nappies for dogs.

You will now need to provide a source if you allow someone to download a film

Adobe's Acrobat is in trouble as it is sued for Patent Infringment

Despite legislation the 'art' of phishing continues to stifle e-commerce

8 Reasons to have terms and conditions

Pfizer descend upon the counterfeit Viagra websites

October 2004 is the date for compliance

Kenyan Wildlife bring a Patent Claim against Californian Company

The European Commission has recently called out for support from companies to assist on a study focusing on the relationship between software inventions and patents.

An article which reflects upon the changes to the laws on Registered Design

Whether computer software or ways of doing business should be protected by patents is a matter of a big debate and far from being settled. In the United States they generally are; in Europe, software can be patented only if it gives rise to a "technical effect" and business methods ‘as such’ cannot be patented at all.

A brief summary of first ownership rights revisited

An outline guide of the various considerations in respect of unregistered design right

An ongoing dispute between the software firms Business Objects and MicroStrategy concerning the misappropriation of various documents has caused both companies to claim victory even though a court order has been issued preventing Business Objects from using MicroStrategy’s confidential documents.

European Commission to conduct pricing review against the IP protection and incentives provided for the developers under Regulation (EC) No 141/2000

Sandoz GmbH v Roche Diagnositics GmbH.

The ‘highest court of the land’ the House of Lords has recently been hearing a patent case which brings into question fundamental principles of patent law, most notably the scope of patent protection and patent infringement.

This case concerns the infringement of copyright in a design document and most notably the interpretation of s. 51 Copyright Designs and Patents Act 1988 (‘CDPA’).

Application for declaration of invalidity of a Registered Community Design found to fail on the basis of non specific claim in pre-existing design and difference in the shapes making up the overall product.

An oral hearing into the Harvard oncomouse patent begun this Monday in Munich. As a result of growing concerns various religious and animal right groups have raised issues over its validity

The House of Lords (‘HOL’) has started to hear a patent case, which will be monitored by many in the biotech industry, in one of the most eagerly-awaited patent cases for some time.

Ways to improve patent enforcement in the UK were debated before the House of Commons last week in order to make enforcement easier and cheaper for small and medium sized companies.

Microsoft has appealed the European Commission’s ruling which found that it had breached European competition law, on the basis that if such a ruling was upheld it would prejudice innovation and economic growth at an international level.

An important stage of the ongoing patent dispute between the search engines Google and Overture (now Yahoo!) is close to being concluded by the court. The court is expected to issue a ruling by the end of the week which, it is hoped, will identify how a patent can be used for placements in search results.

Microsoft has recently filed an appeal against the verdict of a US Jury which found that It had infringed a web browser patent. The Jury awarded the patent owners, the University of California and Eolas Technologies, $520.6 million (plus interest) for use of Microsoft’s Internet Explorer.

Trade mark protection does not extend to the doctrine of functionality. Canada joins the consensus.

321 Studios is again under fire for providing de-cryption software

An article regarding Sanyo's alleged use of Ampex Corp's intellectual property in relation to digigital cameras and mobile phones without its consent.

Patents: Commission proposes rules for inventions using software

A discussion on the case between PalmOne and Xerox in relation to Patent Infringement

The proposed directive on software patents and business method inventions is set