News & Analysis as of

Patent Cooperation Treaty

The (Nuts and Bolts) of Application Formalities in China

China is in the midst of a tremendous patent boom. Worldwide, total patent application filings were up 7.8% in 2015, with China accounting for 84% of the total growth[1]. In 2015, the State Intellectual Property Office of the...more

4 Tips to Protect Textile Innovations

Is innovation a key component of your business plan? Will you distinguish yourself with unique product offerings? Whether protecting our men and women in uniform, advancing the treatment of medical conditions, or adding to a...more

Jordan’s Accession to the Patent Cooperation Treaty

Jordan is off to a busy and productive year from an intellectual property standpoint. Starting late in December of 2016, the Jordanian Council of Ministers approved the accession of the Kingdom into the Patent Cooperation...more

Global Dossier Expanded To More Patent Applications Around the World

The U.S. Patent and Trademark Office (USPTO) announced this week that the Global Dossier program has expanded to include access to more patent applications worldwide. The public including applicants, patent holders,...more

The Short-Lived Ailment of Poisonous Divisionals

After four years of the European Patent Office (EPO) ruling that a parent application can lack novelty over its divisional application, and vice versa, the EPO Enlarged Board of Appeal (EBA) in their decision G1/15 has...more

IPR Denied after Board Finds Asserted PCT Publication Not Entitled to Priority Application’s Filing Date under Pre-AIA 35 U.S.C. §...

by Knobbe Martens on

The PTAB denied institution of an IPR based on patent owner’s challenge to the prior art status of a PCT publication that was asserted by the petitioner as pre-AIA 35 U.S.C. § 102(e) prior art in Forty Seven, Inc. v....more

PCT national phase – filing requirements

by FPA Patent Attorneys on

Please see chart below for more information....more

“Poisonous Divisionals” Poisoned In The EPO

by Ladas & Parry LLP on

For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application...more

Continental patents a la carte or prix fixe? Biotechnology considerations for the unitary patent in Europe

by Knobbe Martens on

Unitary patents in Europe - The European unitary patent and Unitary Patent Court (UPC) are slated to go into effect in early 2017. These monumental changes will have a significant impact on the ways patent rights are...more

Kuwait Now 149th Member Of Patent Cooperation Treaty (PCT)

by Ladas & Parry LLP on

Kuwait has officially joined the Patent Cooperation Treaty (PCT) becoming it’s 149th member. The PCT supports applicants in pursuing patent protection in multiple jurisdictions for their inventions. ...more

Effects of Brexit on Intellectual Property Rights

by Stoel Rives LLP on

The recent “Brexit” referendum in which a majority of United Kingdom voters elected to leave the European Union has caused significant political and economic turmoil. It also raises questions about how EU designations for...more

The UK Has Spoken “Brexit” - But What Does This Mean for the IP Community?

The immediate reaction to Great Britain’s June 23, 2016 vote to leave the European Union (“EU”) (commonly referred to as “Brexit”) has been nothing short of hysterical. This paper focuses on what Brexit means for the...more

Brexit: IP Considerations in Light of the UK’s Vote to Leave the EU

by Morgan Lewis on

While the “Leave” result of the June 23 referendum will not have an immediate impact on intellectual property, the eventual British exit (“Brexit”) from the European Union could have long-term implications for IP protection...more

Foreign Litigation Does Not Defeat Presumption of Laches - Lismont v. Alexander Binzel Corp.

by McDermott Will & Emery on

Addressing laches issues in the context of a multi-jurisdictional dispute, the US Court of Appeals for the Federal Circuit affirmed a summary judgment ruling that the plaintiff’s correction of inventorship lawsuit was barred...more

Blog: Utility Patents and Utility Patent Applications

by Cooley LLP on

If you’ve ever overheard water-cooler banter about patents, chances are it was about utility patents, the most common kind of patent issued by the United States Patent and Trademark Office (USPTO). What is a utility...more

Claims Strategies in Patent Applications – Matching or Varied?

Up to 20 claims, including three independent claims, are paid for in the standard filing fee for a US non-provisional patent application. Some clients prefer matching claims in the claim set, others prefer varied claims. ...more

Blog: How to Protect Your Patent in Multiple Countries

by Cooley LLP on

If you’re thinking of protecting your invention in multiple countries, you have two general options: (1) file your first application directly in each country of interest, or (2) file a Patent Cooperation Treaty (PCT)...more

What Type of Patent Application Should You File First?

without the filing of any related applications, the provisional application will not be published or otherwise disclosed by the United States Patent and Trademark Office. One significant disadvantage of a provisional...more

Successful Strategies for Doing Business in Asia: Malaysia (Updated)

WHAT ROLE WILL THE GOVERNMENT OF MALAYSIA PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? Regulation of foreign investment in Malaysia is done both through legislation as well as governmental policies....more

Going Global: Tips on Building a Patent Portfolio Outside the United States

by Hodgson Russ LLP on

I occasionally hear an inventor or businessperson talk about how his or her company has a “global patent” or an “international patent.” Unfortunately, there is no such thing. While some companies have filed patent...more

JPO and USPTO Announce PCT and Search Collaborations

Earlier this month, the U.S. Patent and Trademark Office announced two new collaborations with the Japan Patent Office. In a press release issued on July 1, the USPTO announced an agreement with the JPO in which the JPO will...more

Using Utility Models to Protect your Intellectual Property in Taiwan

by Hodgson Russ LLP on

A new “green” attitude is pervading Taiwan. Besides ongoing environmental efforts, Taiwan is home to multiple green technology companies. While revenue results for some Taiwanese solar cell manufacturers declined this year,...more

U.S. Institutes New International Design Applications

by Baker Donelson on

In February 2015, the United States completed steps to become a member of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement). The Hague Agreement went into effect for the...more

European Opposition Tactic Using Ambiguous Patent Conveyances in Employee Agreements

by Lathrop Gage on

Opponents in Europe have been invalidating priority claims in European patent applications using a formalistic challenge. In Europe, in order to have a good priority claim the applicant listed on the priority application must...more

The PCT Process - flexible, cost-effective and efficient

by McAfee & Taft on

Initiated in 1970, the Patent Cooperation Treaty (PCT) has become a popular tool for patent applicants interested in obtaining patents in multiple countries. In 2014, 61,492 PCT applications were filed by U.S. applicants. As...more

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