As noted in our Winter 2007 Update, the Court of
Appeal reviewed the law in the UK on the patentability of
computer programs in the Aerotel case1 and
laid down a 4 step test for use in deciding whether a given
software invention is patentable or not. The UK IPO changed its
practice to follow that judgment but 4 recent decisions of the
High Court show that it has been over-zealous in rejecting
software patents. In response, the IPO has announced a partial
change in practice to allow claims to programs stored on
suitable media.
Article 52 of the European Patent Convention excludes
computer programs per se from being patentable. Prior to
Aerotel a number of different tests or approaches to
determining the application and scope of this exclusion had
developed in UK case law, with several more being used by the
EPO....
Specific Questions relating to this article should be addressed directly to the author.
It’s said that those who don’t learn from their mistakes are bound to repeat them. Over the author’s years of practice in negotiating license agreements and mediating, arbitrating, or litigating disputes involving them, the same types of provisions seem to cause a disproportionate amount of the trouble.
In a long-awaited decision in Bilski v. Kappos, the Supreme Court today held that the "Machine or Transformation" test is not the exclusive test for determining whether a claimed process is eligible for patenting under Section 101 of the patent statute, 35 U.S.C. §101.
Trademarks are distinguishing devices used by businesses to distinguish their goods and services from those produced by others. Confusion is one of the main grounds for a trademark infringement claim.
Omega SA was a Swiss company that manufactured watches for over 150 years. Omega Engineering Inc was an American company that has manufactured products for measurement of temperature and humidity for about 50 years.
On July 17, 2010, CSI, the company formed as a royalty-collection vehicle by the Canadian Musical Reproduction Rights Agency (CMRRA) and the Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC), proposed three new tariffs which would apply to the reproduction of music (which can include broadcasting, streaming and downloading) by non-commercial radio stations, online music providers, and satellite radio providers.
Purdue Pharma sought judicial review of a decision of the Office of Patented Medicines and Liaison (OPML) in which the OPML determined that one of Purdue’s patents (the 738 Patent) was not eligible for listing on the Patent Register maintained in accordance with the Patented Medicines (Notice of Compliance) Regulations (Regulations) in respect of the drug TARGIN.
The U.S. Ninth Circuit Court of Appeals recently ruled that an insurer owed a policy holder a defense under a general liability policy where the alleged patent infringement constituted "advertising injury" under the definitions of the policy.
In a previous Frank, Rimerman + Co. LLP article, dated April 28, 2010, we outlined how the due diligence process can give a buyer the time and—for an unprepared seller—the opportunity to renegotiate key deal terms such as purchase price, timing of payments, indemnification, representations and warranties, and others.
Similarity of marks is an issue that trademark law in India has consistently dealt with over time, thus evolving crucial principles. As per judicial dicta, there should be only one trademark, one source & one proprietor.
"Hebare", which was a registered mark of Ramesh. The suit {Waman Vs. Ramesh 2010 (42) PTC 35(Bom.)} revolves around the dispute between two brothers, using their surname "Hebare" as trademarks in their respective business.
