Posts Tagged: International


Could or should the USPTO adopt the EPO problem-and-solution approach for assessing obviousness?

There is a plausible case that the US law on obviousness is indeed compatible with the EPO problem-and-solution approach. It could even be said that the steps …
By Brian Cronin
10 days ago 13

Michael Jordan prevails in trademark case, earns right to use Chinese character mark for his name on merchandise

On December 8th, famed basketball star Michael Jordan was partially successful in a legal action filed in Chinese courts over the use of his name and likeness …
By Steve Brachmann
13 days ago 0

The quest for patent quality: European inventive step and US obviousness

In Europe and the US, patentability depends on a showing of inventiveness that is based on similar legal requirements but practice differs substantially and the resulting patent …
By Brian Cronin
1 month ago 9

Revised Chinese patent guidelines mean better prospects for software, business methods than U.S.

In late October, China’s State Intellectual Property Office (SIPO) released a set of guidelines for Chinese patent examiners that revises the last guidelines put in place …
By Steve Brachmann
1 month ago 23

Patent Territoriality: Is the IP World Getting Flatter?

It is a ubiquitous concept that U.S. IP rights cannot extend beyond the territorial borders of the U.S. But the IP world may be in …
By Tamany Bentz
1 month ago 4

President-Elect Trump Says the TPP is Dead, but What Now for IP?

President-Elect Donald Trump has announced that he will withdraw the United States from the Trans-Pacific Partnership (TPP) agreement on his first day in office. So ends more …
By Sirena Rubinoff
1 month ago 1

Challenging Aspects of the Legal Protection of Non-Traditional Trademarks: “Shape Trademarks”

Classic trademarks consist of word or graphic elements, or their two-dimensional combinations. Naturally, they are targeted at one human sense only. Such trademarks can only be perceived …
By Anastasia Zaitseva
2 months ago 0

Comparing and Contrasting European 2-part claims with US Jepson claims

European practice requires a strict distribution of the features before and after "characterizing", where those prior art features that are common with the definition of the invention …
By Brian Cronin
2 months ago 1

Chinese patent office receives over one million patent applications, 96 percent are domestic office only

Of the 2.9 million patent applications which were filed in patent offices across the world in 2015, more than one million of those applications were filed with the State …
By Steve Brachmann
2 months ago 7

Don’t settle for less: Maximizing patent protection in Canada

Another unnecessary limit that US applicants almost always impose on themselves is in the number of claims. In Canada, there are no extra claim fees. As we …
By Manuel Fortin
2 months ago 0

Canada is underestimated as a patent filing country for US applicants

Even with its relatively small population, Canada is the largest export market for the US, with about 200 billion dollars worth of exports each year. Exporting to Canada …
By Manuel Fortin
2 months ago 1

China increasingly a preferred venue for patent litigation, even for US patent owners

The message is being received by patent owners around the world, including those with large U.S. patent portfolios, that China is a reasonable and fair place …
By Steve Brachmann & Gene Quinn
2 months ago 11

Canada’s Promise Doctrine Should Be a Warning to America

A recent Canadian survey (CRA Survey) has conclusively attributed lowered levels of R&D investment in Canada’s innovation ecosystem to the country’s unique judicial “Promise …
By Chris Gallagher
3 months ago 11

Are Australia’s listed IP firms doomed to fail?

Over the last two years, the Australian patent and trade mark attorney profession has seen a number of significant changes. The 2013 amendments to the Patents Act 1990, meant …
By Andy Mukherji
3 months ago 0

It’s Time to Fix the Global Patent System Before It Breaks Under the Weight of New Applications

Patent offices are failing to keep up with the growth of the innovation economy and the resulting increase in patent applications. Unfortunately, the problem could easily get …
By Mark Schultz & Kevin Madigan
3 months ago 6