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NEWS
Created 23 May 2018
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Research into robotic replacements for bees is being spearheaded by Eijiro Miyako at Japan’s National Institute of Advanced Industrial Science and Technology. A manually controlled drone, the device is around four centimeters wide and is covered in horse hair treated with a gel designed to collect pollen. In March, US retail giant Walmart filed a patent for robotic bees that it hopes will be able to pollinate crops like their real-life counterparts. Although the company’s plans for the robotic-swarm patent are unclear, some experts believe the retail giant is moving further into the agriculture market.
Created 27 April 2018
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De Standaard 25 april 2018

...De lijst van innovatieve universiteiten werd opgesteld in samenwerking met Clarivate Analytics. Er werd voornamelijk rekening gehouden met patenten en wetenschappelijke verwijzingen...

Created 27 April 2018
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De Tijd 27 april 2018 (Tom Michielsen, Redacteur Ondernemen) België is een innovatiekampioen in de wereld van plastics, chemicaliën, geneesmiddelen en vaccins. Met 417 toegekende patenten in 2017 staan de Belgische chemie en farma op de elfde plaats in de wereld.

Van de 1.215 toegekende Belgische patenten ging een derde (34%) naar de chemie. Nergens ter wereld is dat aandeel zo groot. Biotech (20%), fijnchemie (18%), geneesmiddelen (14%) en kunststoffen (polymeren, composieten) nemen het grootste deel voor hun rekening.

Created 14 March 2018
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Het Europees Octrooibureau heeft zijn statistieken voor 2017 gepubliceerd. Het aantal octrooiaanvragen is met 3,9 procent gestegen tot een nieuw record van 165.590. België verliest een plaatsje in de hitlijst en eindigt dertiende met 2155 aanvragen.

 

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Created 06 February 2018
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The Broad Institute has been dealt a big blow in its battle for CRISPR/Cas9 intellectual property, with the European Patent Office revoking one of its patents.

CRISPR/Cas9 has been hailed as the ‘scientific discovery of the century’ due to its capacity to modify the genome for the treatment of genetic diseases. The Broad Institute, set up by MIT and Harvard in 2004 to use genomics to improve human health, successfully obtained a patent from the US Patent Office for its use in eukaryotes. However, the European Patent Office (EPO) has revoked the first of several patents obtained by the Broad Institute, citing a clear lack of novelty.

Created 06 February 2018
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Bank of America has more blockchain-related patents than any other firm in the U.S., according to a new report by New York-based law firm EnvisionIP.

According to the report, Bank of America has 43 patents while Mastercard and IBM have 27 each, followed by 14 from Fidelity.

The report counted a total of 1,045 blockchain related patents. Of this number, about 60% of patents were filed by blockchain companies, while the financial services sector accounted for 20%.

Read more at Finextra and Payments Source.

Created 08 January 2018
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A review of 2017 by Gene Quinn of IPWatchdog in 10 patent stories.

Created 08 December 2017
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Patents

China's State Intellectual Property Office received the highest number of patent applications in 2016, a record total of 1.3 million. It was followed by the United States Patent and Trademark Office (605,571), the Japan Patent Office (318,381), the Korean Intellectual Property Office (208,830) and the European Patent Office (159,358). On a per-capita basis, patent filings in China ranked behind those in Germany, Japan, the Republic of Korea and the U.S.

Created 07 December 2017
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The USPTO has finalized a new set of fees: Final Rules

USPTO Patent Fees to Go Up effective January 2018
Patentlyo | Nov 14, 2017
The United States Patent and Trademark Office (Office or USPTO) sets or adjusts patent fees as authorized by the Leahy-Smith America Invents Act. The USPTO has announced that it will increase some of its fees effective from January 16, 2018. The changes will also apply to the international design applications under the Hague Agreement.

Created 20 November 2017
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The New Yorker - by Adam Davidson ...Recently the St. Regis Mohawk Tribe acquired a major new source of revenue. It has become the owner of six patents for Restasis, a drug for dry-eye syndrome that is the second-highest-selling product of the pharmaceutical company Allergan. Soon, tribal leaders say, they will have a small portfolio of patents, covering other medicines and also computer software and hardware. No tribe members were involved in designing these products. The business opportunity fell into their lap, thanks to an intellectual-property lawyer in Texas named Michael Shore.  Complete article on the New Yorker website...
Created 04 October 2017
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The EPO has published a set of 12 case studies focusing on how small and medium-sized enterprises use patents to their advantage. With them, the Office aims to raise awareness of the importance of patents among SMEs and to provide examples of good practice. Read the case studies
Created 27 July 2017
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By Kieren McCarthy in San Francisco 20 Jul 2017. The freeze on long-held plans to approve a single patent court for Europe is a result of the actions of the president of the European Patent Office, according to German media reports. The Unitary Patent Court (UPC) has been in progress since 2012, but last month Germany's constitutional court unexpectedly ordered a halt to legislation ratifying it. The German government's approval is essential for the court to move forward.
Created 19 May 2017
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Typical Case Review of Shanghai IP Court — BMW’s Trademark Infringement & Unfair Competition Dispute Recently, Shanghai Intellectual Property Court has issued the Typical Cases of Shanghai Intellectual Property Court (2016). In this issue of newsletter we shall review the dispute between BMW (BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT) vs. Shanghai Chuangjia Garments Co. Ltd. (hereinafter referred to as Chuangjia Company) etc. for trademark infringement and unfair competition.

Court Findings After trial, Shanghai IP Court held that the evidence provided by BMW in this case is sufficient to prove that the registered trademarks “BMW” and “寶馬” have already been well-known trademarks at least since 2007. Knowing that “BMW”, “寶馬” are well-known trademarks, Chuangjia Company, Dema Company and Zhou still colluded maliciously and jointly established BMN brand franchise system as well as used the infringing logos by production and sale of the allegedly infringing goods, licensing the BMN brand, advertising promotion and other business activities, which constituted trademark infringement as well as unfair competition. Therefore, Shanghai IP Court made a judgment that Chuangjia Company, Dema Company and Zhou immediately stop infringement on BMW’s exclusive rights on the registered trademarks “寶馬”, “BMW”, and Dema Company shall stop acts of unfair competition of using the Chinese version of GERMAN BMW GROUP (INTL) HOLDING LIMITED, Chuangjia Company, Dema Company and Zhou shall publish a statement on the newspaper of China Industry & Commerce News, eliminating the impact on BMW caused by infringement act, and that Chuangjia Company, Dema Company and Zhou jointly compensate BMW for the economic losses of 3 million RMB including reasonable expenses.

The parties did not appeal after the judgment. Typical Significance This is a novel and typical case of trademark infringement and unfair competition dispute with system establishment, full imitation, and comprehensive infringement. This case involves many legal issues, and the infringement acts found have the following obvious characteristics:

  1. The accused infringers establish franchise system through trademark assignment, registration, brand name registration, etc. to show the “legitimacy” of its use of the logo, trying to conceal the nature and purpose of the infringement acts.
  2. The accused infringers confuse the public through comprehensive imitation of the right holder’s logos, not only including the infringement act on all the major trademarks of the right holder during the process of business operation, but also including the unfair competition act of trade name infringement and even other infringement acts.
  3. The accused infringers completely imitated the right holder’s logos by division of labor and collaboration, assignment and registration of trademarks and trade names, as well as committed three-dimensional and full range of infringement acts by means of copying infringement through franchise system, etc. with huge impact and serious damage. Therefore, such malicious infringement acts should be severely punished.
Created 11 May 2017
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Researchers at the Leuven-based research centre imec have developed a new type of chip that can learn from its experiences and compose its own music.

Traditional chips repeat tasks that the programmers installed on them. Inspired by the way the human brain works, the new chip can recognise patterns in data, and, like a child, learn to perform additional tasks by taking into account earlier experiences. According to imec, the chip is the first in the world that is capable of learning so much on its own.

The chip can, for example, compose its own music. After the researchers inputted a series of minuets into the chip, the chip learned to recognise patterns and rhythms and created its own musical notes. The music, which still strongly resembles the original minuets, can be heard on imec’s website

The new chip is based on advanced memory chip technology, known as OxRAM, capable of processing a lot of information at low energy and low cost. According to imec, self-learning chips could be used in the management of large data flows, like road traffic analysis, and healthcare.

“When used in heart sensors, self-learning chips can identify subtle changes in heart rate that may pose potential health risks,” said imec in a statement. “This would enable health monitoring that is tailored to individual patients.”
Created 04 May 2017
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Federal Circuit Rules that Patent Holder Cannot Evade Patent Marking Statute with Retroactive Statutory Disclaimer In Rembrandt Wireless Technologies, LP v. Samsung Electronics Co., Ltd., No. 16-1729 (Fed. Cir. 2017), the Federal Circuit determined that a patent holder could not use a retroactive statutory disclaimer to avoid having to fully comply with the patent marking statute. The relevant statute, 35 U.S.C. § 287, states that "[p]atentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented" by appropriately marking the patented article. The statute further provides that, "[i]n the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice." Rembrandt had sued Samsung for infringement of a number of claims of two of its patents, US Patent Nos. 8,023,580 and 8,457,228. During the time period in which Samsung was allegedly infringing, Rembrandt had licensed the '580 patent to Zhone Technologies, which manufactured products embodying claim 40 of the patent, which was one of the claims Rembrandt had asserted in litigation. Zhone did not mark these products with the patent number. Before trial, Samsung moved to limit Rembrandt's damages on the grounds that Rembrandt did not comply with the marking statute (because the product manufactured by Zhone was not marked) and that Rembrandt was therefore not entitled to damages for infringement of any of the claims of the '580 patent for any time period before Samsung was notified of the infringement by the filing of the complaint. In response, Rembrandt withdrew claim 40 from its infringement allegations and filed a statutory disclaimer in the US Patent and Trademark Office to disclaim claim 40. The District Court accepted Rembrandt's argument that this statutory disclaimer removed its obligation to mark claim 40, for the reason that "a disclaimed patent claim is treated as if it never existed." The Federal Circuit disagreed, stating that such an interpretation defeated the purpose of the patent marking statute, because allowing Rembrandt to use a disclaimer to avoid the consequences of its failure undermined the public notice function of the marking statute. However, the Federal Circuit noted that it has not been resolved whether the marking statute applies on a patent-by-patent basis or on a claim-by-claim basis, and the failure to mark claim 40 may limit only the award of damages based on claim 40. The Federal Circuit elected to remand the case for determination of this issue.

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