2005, Licensing and Patent Law - Intellectual Property Pulse

Journey Through “Mays” on SpicyIP (2005 – Present)

SpicyIP

SEPTEMBER 8, 2024

We aimed to explore SpicyIP’s history, which began in October 2005, ‘from the sprawling cornfields of Illinois, Champaign,’ by our beloved Professor Shamnad Basheer. crore on securing patents in India and abroad, and refused to disclose its revenues from patent licensing. See also here. (One See also here.

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Compulsory licensing for expensive medicines: KCE report

SpicyIP

JUNE 22, 2022

The Belgian Health Care Knowledge Centre (KCE) recently released an interesting report titled ‘Compulsory licensing for expensive medicines’. Ordinarily, patentees voluntarily decide whether or not and on what conditions to grant licenses to third parties. Failing which, a compulsory license can be issued. Natco Pharma Ltd.

Licensing

Licensing Reporting Patent Government

Covenant to not sue “at any time” terminated with the license agreement

Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.”

Licensing

Licensing Contracts Patent Law Patent

Patent Trolls: Navigating the Fine Line Between Innovation and Exploitation in India’s Legal Landscape

Intepat

OCTOBER 10, 2024

Introduction Patent trolls are entities that do not actively develop their inventions but instead acquire patent rights for obvious inventions to prevent others from working on them or to collect licensing fees. The applicants also demonstrated the obviousness of the respondent’s patent through various prior art references.

Patent Troll

Patent Troll Patent Invention Licensing

Informal innovation: The re-emergence of ‘informal’ washing machines

SpicyIP

FEBRUARY 23, 2023

India’s National Innovation Foundation and Honeybee Network recognized her innovation which was later featured in several prominent media outlets – Outlook magazine in 2005 followed by a Discovery Channel feature and an NDTV story. Like Sawhney, Remya received an award from India’s then-President, Abdul Kalam.

Marketing

Marketing Marketing Invention Patent

Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area.

Licensing

Licensing Contracts Patent Law Law

Ensuring Access to TB drugs: Is Compulsory License the Way?

SpicyIP

AUGUST 12, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? This is especially worrying since it is common knowledge that Indian patent law contains robust flexibilities to promote patient interest. Use of patent law levers to ensure accessibility to medicines. By Rahul Bajaj and Praharsh Gour. image from here.

Licensing

Licensing Government Reporting Patent Law

Draft Patent Amendment Rules: Big Impact but Limited Commentary

SpicyIP

SEPTEMBER 19, 2023

Civil society organizations, academics, and intellectual property and public health experts dedicated to addressing pharmaceutical monopolies are among those voicing apprehensions about the potential impact of these proposed rules on essential safeguards within India’s patent system.

Patent

Patent Patent Prosecution Patent Application Publishing

Definiteness: Federal Circuit’s Pliable Standard Results in Resilient Patent Claims

Patently-O

APRIL 11, 2022

In Niazi Licensing Corp. Patent law’s definiteness requirement is derived from the requirement that patent claims “particularly pointing out and distinctly claiming the subject matter” of the invention. 2005) (there must be some “objective anchor”). Jude Medical S.C., 898 (2014).

Patent

Patent Reporting Licensing Design

EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

SpicyIP

APRIL 7, 2024

Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement., This could make it harder to force companies to license patents if they are not being used to make affordable products in India. And further restricting policy levers such as compulsory licensing.

Patent

Patent Patent Application Intellectual Property Law

Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent.

Patent

Patent Patent Application Government Reporting

Principals Moritz Ammelburg and Peter Fasse Author Managing IP Article “Coordinating Patent Prosecution in the U.S. and Europe”

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Because each inventor owns a complete and undivided interest in the entire patent application and resulting patent, the applicant (such as an employer) should obtain an assignment from each inventor to perfect the applicant’s rights in the application, such as the right of priority and the rights to license and enforce the granted patent.

Patent Prosecution

Patent Prosecution Invention Inventor Patent

Journey Through “Marchs” on SpicyIP (2005 – Present)

SpicyIP

JULY 20, 2024

Unending Compulsory Licensing (“CL”) Discussion: Reading SpicyIP old pages, I found this decade-old post called Compulsory Licensing is Not a Bad Word! discussing India’s first Compulsory License (“CL”). There’s a reason why it’s only once in the life of Indian patent law that a CL was granted, check Prof.

Cease and Desist

Cease and Desist Licensing IP Patent

Journey Through “Decembers” on SpicyIP (2005 – Present)

SpicyIP

JANUARY 27, 2024

Relevant here is also Kruttika’s post discussing KEI’s study on how companies can use voluntary licenses for non-competitive practices within the legal framework, underscoring the importance of Indian competition laws. Basheer’s IP vs Competition Law: Who Trumps Whom ? For more on this competition bit, check Prof.

IP

IP Licensing Copyright Blogging

Intellectual Property Pulse

Journey Through “Mays” on SpicyIP (2005 – Present)

Compulsory licensing for expensive medicines: KCE report

Trending Sources

Covenant to not sue “at any time” terminated with the license agreement

Patent Trolls: Navigating the Fine Line Between Innovation and Exploitation in India’s Legal Landscape

Informal innovation: The re-emergence of ‘informal’ washing machines

Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Ensuring Access to TB drugs: Is Compulsory License the Way?

Draft Patent Amendment Rules: Big Impact but Limited Commentary

Definiteness: Federal Circuit’s Pliable Standard Results in Resilient Patent Claims

EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

Principals Moritz Ammelburg and Peter Fasse Author Managing IP Article “Coordinating Patent Prosecution in the U.S. and Europe”

Journey Through “Marchs” on SpicyIP (2005 – Present)

Journey Through “Decembers” on SpicyIP (2005 – Present)

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