Counterfeit electronics coming from China are an increasing problem for many companies. The proportion that are seized by US customs is miniscule compared to those that reach make it into the country, despite recently increase efforts. Raids on the sources of such goods (e.g. a factory) may not help much because, in many cases, other sources can quickly take over production. This issue was recently discussed (here) by The Information’s reporter Wayne Ma,…

Global IP & Technology Law Blog

Patents for Humanity: The USPTO Recognizes Innovation Relating to COVID-19

By Elizabeth Sampson

July 22, 2021

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The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. ET, September 30, 2021. Patents for Humanity is the United States Patent and Trademark Office’s (USPTO) awards competition recognizing innovators who use game-changing technology to meet global humanitarian challenges.…

Global IP & Technology Law Blog

Will Patents Become More Political? The PTO Begins to Implement Arthrex

By Frank Bernstein & Raj Pai, Ph.D.

July 18, 2021

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In United States v Arthrex, the Supreme Court held that 35 U.S.C. §6(c), which sets forth the authority of Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”), is unconstitutional because APJs effectively wield the power of principal officers (who require Senate confirmation) while being appointed as inferior officers (who do not require Senate confirmation) (see our prior blog here). The U.S. Patent and Trademark Office has begun charting its path forward for devising…

Global IP & Technology Law Blog

EU Roaming Regulation and What This Means For Machine-To-Machine (M2M) Communications

By Francesco Liberatore

July 16, 2021

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Ensuring lower international roaming charges continues to be a key policy priority for the EU, even at a time when non-essential travel is discouraged. The European Commission has in fact proposed that a new regulation will prolong the current EU roaming rules that are due to expire in 2022 (including, among other instruments, the Roaming Regulation (EU) 531/2012), for another 10 years.…

Global IP & Technology Law Blog

Breaking News from Karlsruhe: Progress on the Unified Patent Court (UPC)

By Dr. Sandra Mueller & Rebecca Duecker

July 10, 2021

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The progress on the ratification of the Agreement on a Unified Patent Court (UPC Agreement) had been delayed due to two constitutional complaints filed before the Constitutional Court in Germany. It was not the first attack on German UPC legislation. A first act of approval had been adopted by the Bundestag in March 2017, but was declared invalid by the Constitutional Court in February 2020 based on a complaint about how the UPC legislation had…

Global IP & Technology Law Blog

Litigators Take Note – Yu v. Apple is Not Just About Subject Matter Eligibility of Patents

By Vid Bhakar

July 9, 2021

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Much of the discussion about the Federal Circuit’s precedential opinion in Yu et al. v. Apple, Inc. et al. has focused on the perceived confusion and dysfunction of U.S. patent law that invalidates a claim directed to an “improved digital camera” as a patent-ineligible “abstract idea.” After delving into the underlying record, this author posits that the Federal Circuit’s opinion has more to do with the manner in which the patent was asserted in the…

Global IP & Technology Law Blog

The Uncharted Legal Territory of Non-Fungible Tokens

By Squire Patton Boggs

July 6, 2021

The recent US$69 million sale of an “NFT” by digital artist Beeple in March 2021 generated considerable attention, both within and outside the realm of art. NFTs are digitally unique “non-fungible tokens,” based on block chain technology, that are used to manage the IP rights of artists in underlying works. New and innovative uses for NFTs are arising now across a variety of industries. As discussed by our colleagues, such uses present a host of…

Global IP & Technology Law Blog

BEST MODE: Did You, or Are You Just Going To, Test that Invention?

By Todd Ostomel & Elizabeth Sampson

June 30, 2021

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A patent must teach one skilled in the relevant art how to make and use the claimed invention, as required by 35 U.S.C. §112(a). The Manual of Patent Examining Procedure (MPEP) 608.01(p) explains that unless an invention is disclosed such that one skilled in the art will be able to practice it without undue experimentation, at least one operative example of the invention must be set forth. On July 1, 2021, the United States Patent…

Global IP & Technology Law Blog

The Supreme Court Provides a Different Fix to Make APJs Inferior Officers

By Frank Bernstein & David Prueter

June 21, 2021

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On June 21, 2021, in United States v. Arthrex, the United States Supreme Court ruled that Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”) are unconstitutionally appointed because they effectively wield the power of principal officers while being appointed as inferior officers. 594 U.S. ____ (2021).…

Global IP & Technology Law Blog

Taking Another Page from the ABA: The USPTO Enacts New Rules of Professional Responsibility for Patent Attorneys and Agents

By Reinaldo Franqui Machin

June 18, 2021

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To mitigate potential conflicts of interest and to improve the public’s understanding of the United States Patent and Trademark Office (USPTO) procedures, the agency has recently made various amendments to its rules relating to the conduct of registered patent attorneys and agents. The resulting changes mirror some well-recognized provisions of the American Bar Association’s (ABA) Rules of Professional Conduct. The changes also make the agency’s procedures easier to comprehend, as discussed below.…

Global IP & Technology Law Blog

Blog Authors

The Cat and Mouse Game of Fighting Counterfeit Goods

Patents for Humanity: The USPTO Recognizes Innovation Relating to COVID-19

Will Patents Become More Political? The PTO Begins to Implement Arthrex

EU Roaming Regulation and What This Means For Machine-To-Machine (M2M) Communications

Breaking News from Karlsruhe: Progress on the Unified Patent Court (UPC)

Litigators Take Note – Yu v. Apple is Not Just About Subject Matter Eligibility of Patents

The Uncharted Legal Territory of Non-Fungible Tokens

BEST MODE: Did You, or Are You Just Going To, Test that Invention?

The Supreme Court Provides a Different Fix to Make APJs Inferior Officers

Taking Another Page from the ABA: The USPTO Enacts New Rules of Professional Responsibility for Patent Attorneys and Agents

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