INNOVATE is the online magazine by and for AIPLA members from IP law students all the way through retired practitioners. Designed as an online publication, INNOVATE features magazine-like articles on a wide variety of topics in IP law.
In This Section
Patenting Machine Learning Inventions for Companies Outside the Software Industry
Written by Gregory Rabin on October 4, 2019The use and development of artificial intelligence and machine learning technology is spreading from niche Silicon Valley software companies to almost all innovative businesses, including those outside the traditional software field. Stitch Fix CEO Katrina Lake recently said: “In 10 years, every ‘relevant’ company will be a tech company.” As such, a strategy for inventing and using machine learning technology, and for generating IP based on the inventions, is essential to non-software companies.
The International Trade Commission’s New Severance Rules: Secret Weapons or Double-Edged Swords?
Written by Hayley Ostrin on October 4, 2019The International Trade Commission (“ITC” or “Commission”) provides a forum for unfair import investigations (“Section 337”). Section 337 investigations allow entities with a domestic industry to obtain exclusionary relief against imported products that either infringe intellectual property rights or take advantage of unfair trade practices.
Protecting Trade Secrets in a Coworking Space
Written by Benjamin I. Fink on October 4, 2019Over the past decade, coworking space, like those operated by WeWork, Roam and Industrious, have grown exponentially. These novel office designs and collaborative work environments are being adopted by start-ups, freelancers and established companies alike. While coworking space offers numerous advantages, it also raises many legal questions. .
Brand Drug Owners Vindicated Against Generics Seeking to Launch Without Declaring Relevant Patents Under Patent Linkage Regime
Written by Denise Mirandah on October 4, 2019The Singapore Court of Appeal’s judgment in Millennium Pharmaceuticals, Inc v Drug Houses of Australia Pte Ltd  SGCA 31 heralds momentous change in the pharmaceutical sector for brand drug owners seeking to enforce patents against generic competitors. The Court reversed an interlocutory decision of the High Court that made it difficult for brand drug owners to bring patent infringement actions against generic companies seeking to launch without declaring relevant patents under Singapore’s patent linkage regime.
"Not as Straightforward as Before" - Patent Post-Grant Amendment in Singapore
Written by Gerald Koh on October 4, 2019In general, post-grant amendments may be used by a patentee to narrow the scope of protection, for example, in order to align a patent with corresponding patents in other jurisdictions. Typically, such post-grant amendments are sought prior to enforcing a patent or during infringement proceedings when objections to patentability are raised by opponents.
Legaltech Operations & The Necessity of Interoperability
Written by Ann McCrackin on October 4, 2019Growth in IP firms require efficiency, productivity, speed and accuracy in the operations of the firm, while battling continuous pressure from corporate clients demanding more for less every year. Technologies such as OCR, cloud, hybrid-cloud, machine learning, artificial intelligence and DevOps are driving plenty of innovation, speed and agility in our field.
Singapore: Request for an extension of time to file a notice of opposition against a Geographical Indication (“GI”) - Showing good and sufficient reason
Written by Gladys Mirandah and Denise Mirandah on October 4, 2019Consorzio Del Formaggio Parmigiano Reggiano (“the Applicant”) applied to register the geographical indication (“GI”) “Parmigiano Reggiano” (“the GI Application”). The GI Application was accepted and published for opposition purposes on May 10, 2019.
Introduction to Patent Drafting to both Protect and Promote Scientific Research
Written by Gene Vinokur on October 4, 2019One business objective of a research laboratory is to promote their inventions to its parent organization. Hence, patents, which are typically viewed as means for achieving the legal objective of protecting scientific research, also have another marketing objective of promoting the scientific research. In this article, we introduce some principles of drafting a patent application to achieve synergy in both protecting and promoting scientific research.
New Ministerial Regulations in Indonesia
Written by Denise Mirandah and Patrick Mirandah on October 4, 2019The Ministry of Law and Human Rights (“MOLHR”) ratified the MOLHR Regulation No. 38 of 2018 concerning Applications for Patents (“Regulations”) on 28 December 2018.
Bill Introduces Two New Actions in Chilean Trademark and Patent Law
Written by Francesca Rodriguez Spinelli on October 4, 2019In July 2018, the National Institute of Industrial Property (INAPI) proposed a bill to partially amend the Chilean Industrial Property Law (No. 19.039) by including new provisions that would pave the path for the self-execution of several international treaties to which Chile must adhere, as part of the future implementation of the so-called TPP-11 (Comprehensive and Progressive Agreement for Trans-Pacific Partnership, CPTPP) and the ongoing renegotiation of the Free Trade Agreement signed with the European Union in 2003.
Global Protection For Cannabis Trademarks: Real Or Smoke And Mirrors?
Written by Clark W. Lackert on July 22, 2019With the meteoric growth of the cannabis (hemp and marijuana) businesses, much has been written about the divergent treatment of trademarks for these products, as well as parallel routes of protection, in the United States. However, hemp products incorporating cannabidiol (CBD), which is not psychoactive, are gaining wider acceptance more quickly than marijuana products incorporating tetrahydrocannabinol (THC), which is psychoactive.
Taking On Amazon: Unauthorized Dealers of "Genuine" Products
Written by Robert W. Payne on July 22, 2019The online retail marketplace bedevils major brand owners. It provides a vast, new market channel; it destroys brand owners’ exclusive channels. Amazon.com is not only a major force in the former but also the prime mover in the second. Take, for example, Versace’s “Bright Crystal” eau d’toilette. As shown in the accompanying pictures, multiple sellers are linked to the product page on Amazon, offering the same, new product, often at reduced prices which may compromise Versace’s authorized dealer network’s profitability and stability.
AIA Supplemental Examination Nuts & Bolts: Get it in your toolbox and don’t leave home without it!
Written by Adriana L. Burgy; Amanda K. Murphy, Ph.D.; Sneha Nyshadham, Stacy Lewis, Edited by Thomas L. Irving on July 22, 2019Effective September 16, 2012, the America Invents Act allows a patent owner to request Supplemental Examination of a patent by the U.S. Patent and Trademark Office (“USPTO”). Supplemental Examination (“SE”) gives patent owners a proactive tool to have the USPTO consider, reconsider, or correct information that the patent owner believes is relevant to the patent. 35 U.S.C. § 257(a). Such information may include issues raised in inequitable conduct or unclean hands challenges against the patent during litigation.
Controlling Costs of a Patent Portfolio: The Little Things Do Matter
Written by Peter Gordon on July 22, 2019In this article we will discuss the importance of managing patent-related costs and will provide recommendations on how to improve cost efficiency and provide some tips for "clean" cost management.
From Black & White to Technicolor to RGB/CMYK: Should the USPTO Implement RGB/CMYK Color Codes in the USPTO Application Process?
Written by Damian B. Hunt on July 22, 2019Any intellectual property attorney that deals with the United States Patent and Trademark Office (USPTO) will tell you that while they have modernized in many ways, they are partially operating out of the 1950’s. Employee’s aren’t going around in leather jackets and drinking phosphates but turn a corner and you will see a “black and white” world.
PCT National Phase Steps in the Russian-Speaking Region
Written by Slobodan Petošević and Olga Kudoyar on July 22, 2019Most companies with an international patent portfolio have to consider protecting their patents in the so-called “Russian-speaking” region, namely in Russia, Ukraine and other post-Soviet countries, these markets being of interest for nearly all businesses which operate globally. However, it is not rare for foreign applicants to be unfamiliar with basic prosecution steps in this region, due to a language barrier, a lack of clear information readily available online, or their local counsel’s incomplete advice. This is why we will try to elucidate a few general prosecution do’s and don’ts before the Ukrainian and Russian PTOs and before the Eurasian Patent Office (EAPO), as it provides an alternative way to obtain patent protection in Russia and in other post-Soviet countries, such as Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan.
Licensing Intellectual Property 101: What Every Entrepreneur and Business Owner Should Know
Written by Heather Bowen on July 22, 2019Licensing intellectual property increases a company’s ability to grow its business, launch new products and services, and expand into a wider range of geographic markets. Companies are willing to pay substantial sums of money to use another company’s intellectual property in their own products and services. Licensing can therefore serve as an additional source of revenue for many companies.
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.”
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