In a paper published by the Washington Legal Foundation, entitled Supreme Court To Address Standard For Induced Patent Infringement, Brian Pandya of Wiley Rein LLP present an examination of Global-Tech Appliances Inc. v. SEB, S.A. The U.S. Supreme Court will hold oral argument in the case today. The Supreme Court has ruled in nine patent […]

The 1984 Hatch-Waxman Act created a 180-day period of exclusivity to generic companies as an incentive to challenge patents on brand name drugs. However, there is a concern that some brand pharmaceutical companies have been circumventing the intent of the Act by using delay tactics such as authorized generics (where the brand product is repackaged […]

As mentioned earlier, not only has the Federal Trade Commission has filed a complaint in federal district court challenging agreements by Solvay Pharmaceuticals, which paid generic drug makers to delay launching generic versions of Solvay’s brand name drug AndroGel (known as “reverse payments“), but Senate Judiciary Committee members Herb Kohl (D-WI) and Chuck Grassley (R-IA) […]

An English version of the current Examination Guidelines for Patent and Utility Model is available on the website of the Japan Patent Office (JPO). The document specifies the requirements for patent applications, giving detailed examples on issues such as “clarity” or “unity of application” according to the Japanese law.  These guidelines carry a lot of […]

On December 27, 2008, the Standing Committee of People’s National Congress approved amendments of the Chinese Patent Law. This third amendment aims at enhancing the innovation ability and enforcing protection of patent rights. Here’s a summary of the amendments most relevant to foreign clients: Direct Foreign Filing Available (A20) Now inventions/creations completed in China can […]

In the ten weeks between the election and the inauguration, we will have plenty of time to ponder what changes, if any, might be in store for the U.S. Patent and Trademark Office.  Many believe its interminable quest to improve so-called patent quality has led to a precipitous drop in patent allowances. The question is, […]

Now that Barack Obama is the President-elect of the United States, what does this mean for patents and technology?  According to the agenda and philosophies posted on the Obama website, the new administration should pursue mostly a pro-patent/pro-technology agenda. As the 44th President of the United States, Barack Obama will face many great challenges at […]

Senate Finance Committee Chairman Max Baucus (D-MT) and Sen. Orrin Hatch (R-Utah) introduced the International Intellectual Property Protection and Enforcement Act of 2008, legislation meant to crack down on the theft of U.S. intellectual property around the world. The bill would compel the U.S. Trade Representative to develop action plans for countries on the piracy […]