Friday, October 23, 2020

USPTO - International Filing Tools for Inventors Seeking Foreign Patents

Today, the USPTO published a web page International Filing Tools to assist inventors seeking foreign patent protection.

Copyright © 2020 Robert Moll. All rights reserved.

Sunday, October 11, 2020

Michel & Battaglia - EBay the Right to Exclude, and the Two Classes of Patent Owners

In Patently-O, an article Michel & Battaglia - EBay the Right to Exclude, and the Two Classes of Patent Owners worth reading. 

The article reviews the Supreme Court's EBay decision, which cautioned courts from categorically denying injunctions to patent owner that seek to license rather than commercialize their patented invention. Despite the caution, when it comes time to grant injunctive relief some courts think we have two class of patent owners. Time for patent owners to remind the court what did and didn't happen in EBay.

Copyright © 2020 Robert Moll. All rights reserved.

Tuesday, October 6, 2020

USPTO - Report on Artificial Intelligence and Intellectual Property Policy


It looks at the impact of artificial intelligence (AI) on intellectual property (IP) law, including on patent, trademark, copyright, trade secret, and database protection. 

As stated in the USPTO announcement:

"To that end, the USPTO proactively solicited public input through two formal Requests for Comments published in the Federal Register. In response, the agency received approximately 200 unique comments from a broad range of experts in foreign patent offices, bar associations, trade associations, academia, law firms, and companies in the electronics, software, automobile, medical, and pharmaceutical industries. 

As the report indicates, the majority of commenters believe the U.S. legal system is well equipped to handle the emerging issues raised by AI. However, many commented that the USPTO and IP stakeholders must keep a close eye on legal and scientific developments in AI to ensure the United States keeps up with this critical technology."

For more detail see the USPTO Artificial Intelligence webpage.

Copyright © 2020 Robert Moll. All rights reserved.