Global IP & Technology Law Blog

Latest from Global IP & Technology Law Blog - Page 2

March 18, 2021

https-www-iptechblog-com-wp-content-uploads-sites-17-2014-10-1775605231-300x274-1-300x274-jpg

Although America Invents Act (AIA) patent practice is entering its 8th year, many pre-AIA patent applications remain pending. This requires practitioners to stay attentive as to whether examination is being conducted under pre-AIA practice, and to ensure that the pre-AIA rules are correctly applied. In this regard, to avoid unnecessarily ceding claim scope to disqualified prior art, it is imperative for practitioners to verify whether U.S. Patent and Trademark Office (USPTO) Examiners are properly applying…

Global IP & Technology Law Blog

What a Great IDEA! Collecting Data on the Diversity of Patent Inventors

By Tamara Fraizer

March 11, 2021

https-www-iptechblog-com-wp-content-uploads-sites-17-2021-03-woman-in-glasses-looking-up-with-light-idea-bulb-jpg

A bipartisan group of Senators, including the Chair and ranking minority member of the Subcommittee on Intellectual Property, has proposed legislation that would allow the US Patent & Trademark Office to collect demographic data on patent applicants. The bill, known as the Inventor Diversity for Economic Advancement Act of 2021 or, more simply, the “IDEA Act,” comes as a response to increasing public concerns about the lack of diversity among inventors named…

Global IP & Technology Law Blog

Trade Secret Protection in China Before, and After, the 2020 US-China Trade Agreement

By Paolo Beconcini

March 4, 2021

https-www-iptechblog-com-wp-content-uploads-sites-17-2018-04-usa-and-china-istock-183837012-jpg

We are delighted to share a recent journal article by our China IP expert, Paolo Beconcini, as published in the Review of Intellectual Property Law (RIPL). In this article, Dr. Beconcini provides a thorough and well-documented review of recent changes in China’s regulations on trade secret protection and enforcement. Many of these changes were made in response to the U.S. WTO lawsuit of 2018 and the U.S.-China Trade Wars, including shifting the burden of proof and…

Global IP & Technology Law Blog

Trademarking Common Foreign Words – Yes You Can

By Squire Patton Boggs

March 3, 2021

https-www-iptechblog-com-wp-content-uploads-sites-17-2021-03-pixelated-trademark-jpg

We are delighted to share an interesting article by our colleagues in France, Catherine Muyl and Marion Cavalier, about whether and how a common word in a regional dialect can qualify as a trademark in France. They describe a case where a company named Krampouz that makes plates for cooking crepes registered the marks “KRAMPOUZ” and “KRAMPOUZ BILLIG.” The word “krampouz” means crêpe in Breton, and “billig” indicates the cast iron plate on which crêpes…

Global IP & Technology Law Blog

Delaware Reminds Litigants Not to Wait to Disclose Infringement Theories Under the Doctrine of Equivalents

By Greg Chopskie

March 1, 2021

https-www-iptechblog-com-wp-content-uploads-sites-17-2021-03-microphone-in-a-court-room-istock-518550230-jpg

Back in July and December 2020, we wrote about the seeming rise in allegations of infringement allegations under the doctrine of equivalents (DOE) in life sciences cases. We noted that in those recent cases the Federal Circuit provided in-depth analyses of the application of DOE, prosecution history estoppel, and the various other limits on the DOE, and suggested that potential infringers needed to keep an eye on the substantive evolution of the doctrine. But a…

Global IP & Technology Law Blog

Understanding IP in China: Design Patents

By Squire Patton Boggs

February 24, 2021

https-globaliptechblog-squirepattonboggsblogs-com-wp-content-uploads-sites-17-2021-02-designer-design-product-300x171-jpg

In the last of his recent series of blogs on IP in China, Dr. Paolo Beconcini discusses amendments expanding the scope of design protection in China and predicts a new flood of “junk” design applications. He discusses the basis and requirements for Chinese design patents, including issues relating to functionality. He also discusses some structural issues that have contributed low-quality filings, including the lack of required substantive examination. The blog can be found here.…

Global IP & Technology Law Blog

Squire Patton Boggs Recognized for Trademark Expertise Around the World

By Squire Patton Boggs

February 22, 2021

https-www-iptechblog-com-wp-content-uploads-sites-17-2019-04-gold-winner-cup-gettyimages-1015887056-medium-1-300x200-jpg

We are delighted to share the recent recognition of our global trademark practice by World Trademark Review for 2021. Squire Patton Boggs received renewed recognition as a leading firm in the “China (foreign)” chapter, and for its UK and Germany practices. In addition, two of our US partners – Deborah Lodge and Phil Zender – were recognized as “Recommended Experts.” As reported, Ms. Lodge “has a deft touch on strategic branding matters and adds value…

Global IP & Technology Law Blog

Understanding IP in China: The Rules of Evidence

By Paolo Beconcini & Elisa Li

February 16, 2021

https-www-iptechblog-com-wp-content-uploads-sites-17-2021-02-searching_-administrator_-file-illustration-jpg

In his continued blog series, Dr. Paolo Beconcini and Elisa Li discuss the principles of evidence pertaining to IP disputes in China, including recent and substantial changes to those rules. In China, evidence must be collected prior to the filing of a case, as there is no discovery. The changes address commonly-occurring issues of authenticity, foreign documents, and damages, and are likely to impact litigation strategies. The blog can be found here. ©…

Global IP & Technology Law Blog

New Procedures Indicate China’s Patent System is Now Focused on Quality, not Quantity, of Patents

By Paolo Beconcini & Elisa Li

February 14, 2021

https-www-iptechblog-com-wp-content-uploads-sites-17-2019-07-patent-2-jpg

As is often the case in China, a critical change in the IP system has taken place without the publicity of a new law but with an internal administrative document hidden on a government website. With an administrative Circular issued on January 27, 2021, the China IP office is rewriting the rules that led to the massive surge in low-quality patent filings (a/k/a junk patents) by Chinese firms during the last decade, while subtly changing…

Global IP & Technology Law Blog

Foreign Defendants, You’ve Got Mail! Substitute Service By Email Increasingly Permitted

By Rachael Harris & Ronald Lemieux

February 11, 2021

https-www-iptechblog-com-wp-content-uploads-sites-17-2021-02-hand-sending-electric-mail-from-modern-laptop-computer-istock-639359042-jpg

Serving foreign corporate defendants with a complaint filed in a U.S. Federal Court has never been an easy task, but the COVID-19 global pandemic and regional shut-down orders have made finding someone to physically serve with process nearly impossible in many locations. Contrary to conventional wisdom, one district court recently made it clear that The Hague Convention is not the only means for effectively serving foreign defendants. Where not expressly prohibited, courts may grant leave…

Global IP & Technology Law Blog

BEST MODE for Patent Practitioners: Bypassing Traps of the Bypass Application

What a Great IDEA! Collecting Data on the Diversity of Patent Inventors

Trade Secret Protection in China Before, and After, the 2020 US-China Trade Agreement

Trademarking Common Foreign Words – Yes You Can

Delaware Reminds Litigants Not to Wait to Disclose Infringement Theories Under the Doctrine of Equivalents

Understanding IP in China: Design Patents

Squire Patton Boggs Recognized for Trademark Expertise Around the World

Understanding IP in China: The Rules of Evidence

New Procedures Indicate China’s Patent System is Now Focused on Quality, not Quantity, of Patents

Foreign Defendants, You’ve Got Mail! Substitute Service By Email Increasingly Permitted

Stay Connected

Company

Products

Support

New to the Network