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Innovate is a special compendium of articles written by and for AIPLA members. Designed as an online publication, INNOVATE features magazine-like articles of 500-1,500 words in length on a wide variety of topics in IP law today.
Any current AIPLA member in good standing may submit an article for inclusion in INNOVATE throughout the year. IP law students, in particular, are strongly encouraged to submit articles for publication.
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USPTO’s Work Sharing Efforts: Increasing Certainty of IP Rights While Reducing Stakeholder Costs
Written by Jessica Patterson on March 5, 2019The United States Patent and Trademark Office (USPTO) established the Office of International Patent Cooperation (OIPC) in 2014 to support and improve the international patent system. The office leads efforts to assist U.S. inventors and businesses in protecting their patent rights worldwide and supports the global innovation community.
Avoiding Confusion of Phosita
Written by Gordon K. Hill and A. John (Jack) Pate on March 5, 2019A major confusion persists in applying patent law, exhibited by judges, attorneys, and scholars alike. This confusion is based on the conflation of a totally hypothetical, legal construct with an actual human being.
So, When Can I Start Selling My Idea?
Written by Matthew Moldovanyi on March 5, 2019Did the Leahy-Smith America Invents Act (AIA) change when a sale becomes a sale? Prior to the AIA, under U.S. patent law a person was entitled to obtain a patent unless the invention was “on sale in this country, more than one year prior to the date of the application for patent in the United States.”
CHILE: Bill seeks to intervene in the commercialization of pharmaceuticals drugs.
Written by Francesca Rodriguez Spinelli on March 5, 2019The Chilean Congress is currently discussing the so-called Bill “Drugs II” (2015), which seeks to amend the Health Code (1967) and update the regulations concerning bioequivalence, while preventing the vertical integration between pharmacies and pharmaceutical laboratories.
The Patent Landscape for Autonomous Vehicles in Singapore
Written by Gladys Mirandah on March 5, 2019Self-driving or Autonomous Vehicles (“AV”) are set to be a reality, and no longer the stuff of science fiction. In Singapore, pilot trials are ongoing at the one-north district, a business park located in Queenstown, an area recognized for innovation, with the likes of Exploit Technologies (the commercialization arm of the government body Agency for Science, Technology and Research) and NUS Enterprise based there.
Pharmaceutical Patents In Russia
Written by Kirill Osipov on March 5, 2019The imposition of sanctions by Western countries has affected Russia’s economy and compelled Russian officials to support domestic manufactures to promote their products. Nevertheless, Intellectual Property rights are respected in modern Russia, which results in an incessant search for an optimal balance of interests.
Practical Tips For Protecting Your "Secret Sauce"
Written by David M. Fortunato on March 5, 2019How do you compete? Certainly, you compete by doing things better, faster and cheaper. You compete by offering goods/services that are superior to your competition. You compete through continuous improvement. Yet asking “How do you compete” begs another question – Are you using every tool, resource, etc. at your disposal to improve your competitive stance?
How much is that trademark worth online? A Model for Valuing a Trademark’s Ad Positional Right
Written by Robert M. DeWitty on March 5, 2019Many trademark owners are not aware that their trademarks (or “marks”) possess value as keyword search terms (or “keywords”). Unawareness by trademark owners juxtaposed against high online advertising revenues, valued at over US$30 billion in 2017, means many trademarks are being undervalued in the marketplace.
Programmatic Patent Searches Using Google’s BigQuery & Public Patent Data
Written by James H. Moeller on March 5, 2019Google’s combination of its BigQuery data warehouse service along with its public patent datasets is providing a new type of patent information resource that’s better positioned for the growing trend of integrating patent information together with data science programmatic analysis for more customized solutions by data-savvy practitioners.
The DNA of an NDA
Written by James L. Young & Z. Peter Sawicki on March 1, 2019Recently, the acronym NDA (non-disclosure agreement) has been tossed around in the news and in some highly publicized settlement agreements both political and otherwise. Such agreements to keep information secret in a business setting are common and may come in many forms.
Another Record Year for Seizures of Knock-Offs Entering the US, And How to Try to Stop More Knock-Offs
Written by Stephen G. Janoski on November 16, 2018The economic, health and safety impact of counterfeits is a persistent global problem.
Weaponizing Follow-On Petitions to Defeat IPR Estoppel
Written by Nicholas Marais on November 16, 2018Under §315(e), a petitioner is estopped from bringing a claim before the PTAB or district court that it “raised or reasonably could have raised” during a previous inter partes review. Now, under General Plastic, the PTAB may also deny a claim when the seven-factor test is met.
Joint Development and Background Intellectual Property
Written by James Arnold, Jr on November 16, 2018As innocuous as the term “Background IP” may sound, there are potential pitfalls for the drafter of Background IP provisions in Joint Development Agreements (JDAs).
Protection of Patents and Trademarks In the Eurasian Economic Union
Written by Evgeny Alexandrov on November 16, 2018The legal environment on IP protection within the Eurasian Economic Union is quite unified and harmonized with the major International Treaties.
The Abstract Swing
Written by Darin Gibby on November 16, 2018Ever since the Supreme Court’s decision in Alice, patent applicants have been befuddled with the concept of an abstract idea.
Specimens: The Key to Strong Trademark Protection
Written by Heather Bowen on September 24, 2018Essentially, submitting trademark specimen minimizes the chances that another company will assert the same mark for its company.
A Review of the Mexican Linkage System
Written by Mariana Gonzalez-Vargas on September 24, 2018The main purpose of the Mexican Linkage System is to improve communication between the Mexican Patent & Trademark Office (IMPI) and the Mexican Federal Commission for the Protection against Sanitary Risk (COFEPRIS), in order to prevent issuance of marketing authorizations for generic versions of patented pharmaceutical drugs.
Copyright Ownership: A Mere Handshake Isn't Good Enough
Written by Peter Sawicki, Amanda Prose, and Jim Young on September 24, 2018Whenever a company arranges for non-employees to design, build and/or implement creative activities for the company, it is imperative that appropriate contractual safeguards be in place to make certain that the company owns the copyrights in the works it has purchased.
Eleven Tips to Securing Software-Related Patent Protection Post-Alice
Written by Katie Bates and David Cornett on September 24, 2018The years since Alice have taught us some important strategies for continuing to obtain utility patent protection for software-related inventions.
Making 3D Printing Eco-Friendly: A Potential Opportunity for Patent Protection
Written by Meggan Duffy and Dan Chavka on September 24, 2018As 3D printing becomes more commonplace, some have begun to question whether it is any more environmentally friendly than the conventional manufacturing processes it seeks to replace.