Patents – Page 3 – IP Law Watch

Technical Effect Embodied in Technical Teaching

Mar 28 2023

European Patent Office: Enlarged Board of Appeal decision G2/21

The Enlarged Board of Appeal EBoA is the highest judicial authority under the European Patent Convention. It handles patent examination for about 37 member states including the EU. The EBoA has recently published its decision G2/21 dealing with the principle of free evaluation of evidence in the context of inventive step. This decision is relevant for patents in the pharma, biotech and life science field.

H2 Production: A Shift Towards Electrolysis

Mar 20 2023

Hydrogen production technology, according to the joint EPO-IEA report summarizing patent trends in the hydrogen economy (summarized here), accounts for the largest percentage of patenting activity since 2011 among the three primary stages of the hydrogen value chain (i.e., (i) production, (ii) storage, distribution, and transformation, and (iii) end-use industrial applications). Trends show a shift in hydrogen production from carbon-intensive methods to technologies that do not rely on fossil fuels. The bulk of recent increased patent activity is directed to electrolysis development, while patent activity related to production from biomass and waste has decreased.

Global Trends in Hydrogen IP Protection

Feb 20 2023

The European Patent Office (EPO) and the International Energy Agency (IEA) recently published a joint report summarizing innovation and patent trends within the hydrogen economy.¹ The report is based on global patent activity since 2001² and is intended to help governments and businesses understand which parts of the hydrogen value chain appear to be making progress and which parts may be lagging behind.³ The report dives deep into specific technologies, lists the most active applicants in select technologies, and attempts to identify the impact of different governmental programs in specific sectors, with a goal of trying to help focus future innovation efforts.

Are Medical Diagnostic Methods Patent Ineligible by Convention?: CareDx, Inc. v. Natera, Inc. and Eurofins Viracor, Inc.

Jan 30 2023

In CareDx, Inc. v. Natera, Inc., the U.S. Court of Appeals for the Federal Circuit held that CareDx’s patent claims to methods of detecting organ transplant rejection were invalid as patent ineligible under 35 U.S.C. § 101.¹ Affirming the district court, the Federal Circuit determined that CareDx’s claims “are directed to a natural law together with conventional steps to detect or quantify the manifestation of that law,”² relying on “admissions” in the patents themselves that the claims recited only “conventional” techniques.’

High Court Split 3-3 in Landmark Decision on the Patentability of Computer Implemented Inventions in Australia

Aug 22 2022

The High Court has issued its eagerly awaited decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (Aristocrat). Six High Court Justices presided over the appeal from the Full Federal Court of Australia (Full Court Decision), which we wrote about in November 2021. The High Court was split 3-3, meaning the appeal was dismissed and Aristocrat’s patent application will not proceed to grant.

The split decision leaves the question of the patentability of computer implemented inventions (CIIs) somewhat unresolved in Australia.

The NFT Collection: The rise of NFTs – Copyright strikes back? (Part 3)

Jul 07 2022

In a recent post, we examined the regulatory landscape of NFTs (see here). In our third of our series on NFTs, we will address the intellectual property concerns often highlighted by NFT critics.

The NFT Collection: A Brave NFT World – A Regulatory Review of NFT’s (Part 2)

Jun 30 2022

In a recent alert, we painted the big NFT picture, highlighting what a non-fungible token (NFT) means and the opportunities they present (see here). In this second part of the NFT series, we will take a deeper look at local regulatory control (or lack thereof) in this uncharted territory.

New Interim Guidance on Fintiv Factors

Jun 23 2022

On 21 June 2022, the United States Patent and Trademark office (USPTO) issued interim guidance on how the Patent Trial and Appeal Board (PTAB) should exercise its discretion when determining whether to institute a post-grant proceeding.

The NFT Collection: NFT Basics and Opportunities (Part 1)

Jun 22 2022

NFTs have gone mainstream. But what are NFTs? Should your business develop its own NFT? How are they regulated? In The NFT Collection series of alerts, we will delve into these questions to help your business understand this new technology.

Indirect Patent Infringement Down Under

Jun 07 2022

The issue of contributory infringement of a patent under the Australian Patents Act 1990 (Act) does not often arise for consideration by the Australian judicial system. When it does arise, the question of whether or not the product supplied is a ‘staple commercial product’ under the relevant provisions of the Act is always of particular interest.

In only a few cases has the impugned product been held to be a staple commercial product, and so any case that expands upon that product class is a particularly valuable aid. It is therefore of interest that the Full Court of the Australian Federal Court has recently considered contributory infringement in Hood v Down Under Enterprises International Pty Limited [2022] FCAFC 69.

Category:Patents