Latest Developments in Intellectual Property Law

Intellectual property from Hassett & George, P.C. for instance, is the ownership of ideas, inventions, designs, and creative works. It is also the legal framework that protects these assets from unauthorized use.

More digital assets, non-fungible tokens, and blockchain-related inventions are being established and launched to the public, leading to more patent applications related to these technologies.

India aims to establish itself as an IPR-friendly nation

India is a highly developed country in many ways, but it still faces many problems. Among them are massive environmental problems, such as water pollution and waste management issues.

Poverty and inequality are also pronounced and partly structurally ingrained. The Human Development Index, which measures how well a country is doing regarding basic social and economic outcomes, ranks India 131 out of 189 countries worldwide.

Discrimination against women is widespread and persists despite women’s rights and gender equality being legally recognized. Among other things, this includes intra-familial discrimination in access to food and sanitation.

While elections in India have been free and fair since independence, political parties and governmental institutions are increasingly dominated by a Hindu majoritarian culture under the leadership of Narendra Modi’s BJP. The resulting instability has resulted in unstable coalition governments at the center and in some states and a growing tendency to dispense patronage along caste lines.

Patent Prosecution Highway Program

The Patent Prosecution Highway (PPH) program provides applicants with a fast-track examination option in some countries. These programs are still piloting, but they offer some benefits for both applicants and patent offices.

The benefits a PPH offers vary from country to country, but generally, they can deliver reduced prosecution costs, improved patent quality, and improved patent rights efficiency worldwide. In addition, they can reduce the search and examination burden of participating patent offices.

In the U.S., for example, a PPH program was developed to expedite the allowance of utility patent applications that previously received favorable rulings from a foreign office. Essentially, an applicant must file a request to participate in a PPH program with the USPTO and present two utility patent applications that correspond sufficiently to the claims of the underlying OSF application.

These programs are a vital element of the global I.P. landscape and are increasingly popular. They are expected to become entrenched in the future, providing across-the-board benefits for both patent offices and applicants.

Changes in the Manual of Patent Office Practice and Procedures

Given the recent amendments in Patent Rules, reengineering of patent procedures, and automation in almost all activities in the Patent Office, there has been an urge to revise and update the Manual of Patent Office Practice and Procedure. It aims to codify the patent procedures and bridge any information gap in this regard.

The changes made are primarily related to the implementation of the new Rules. These include a new requirement for submission of certified copies of priority documents, the basis on which extensions of time will be granted, and the determination as to whether certain deadlines were missed despite the due care required by the circumstances having been taken.

In addition, the revised MOPOP explains the approach that will be adopted for applications that have been abandoned for failing to request an examination and pay an examination fee by their original or any extended deadline. These applications will be reinstated within 12 months of the date of abandonment if the Commissioner of Patents decides that the failure to request an examination and pay an examination fee occurred despite the due care required by the circumstance having been taken.

The International Trade Commission to reassess its rulings.

The International Trade Commission, a federal agency charged with defending American innovation and manufacturing and stimulating global trade, is taking steps to reassess its rulings in intellectual property law. In particular, the Commission is reassessing its orders involving patent and trademark infringement by imports of products.

The ITC is an agency chartered to investigate allegations of infringement by imported products and prohibit the importation of infringing goods via exclusion orders. However, to effectively use this remedy, the Commission must take some important precautions not to impede fair trade and innovation or stifle healthy competition in the U.S.

One important consideration is whether a patent or other form of the intellectual property confers market power. If it does, this may be considered a violation of antitrust law.

You Might Also Like