WIPO announced the new issue of it WIPO Magazine, where you can find:
- GII 2019: Creating healthy lives – the future of medical innovation
- Curbing cultural appropriation in the fashion industry with intellectual property
- Singapore’s biggest copyright reform in 30 years
- The harsh reality of life as a musician: an interview with Miranda Mulholland
- With Teqball the world is curved
- Five years after Alice: five lessons learned from the treatment of software patents in litigation
- A History of Intellectual Property in 50 Objects
For more information here.
WIPO reports about the accession of Canada to the Patent Law Treaty, which will enter into force for the country on 30.10.2019.
WIPO published its Global Innovation Index for 2019. Switzerland was ranked as the most innovative nation in the world followed by Sweden and the US. The rest of the countries in the top 10 are Nederland, Finland, the UK, Singapour, Germany, Denmark, and Israel.
Bulgaria is ranked 40 which is three places behind the last year’s position. More data for the country can be found here.
More information regarding this index you can found here.
EPO and EUIPO published a very interesting study called “High-growth firms
and intellectual property rights”.
This study tries to make a connection between the protection of intellectual property assets and the likelihood of a company’s growth.
According to the study:
SMEs that have filed at least one IPR are 21% more likely to experience a subsequent
growth period, and 10% more likely to become an HGF. The likelihood of experiencing a high growth period is 9% higher for SMEs that have filed at least one patent and 13% higher for those that have filed at least one trademark.
The likelihood of experiencing a high growth period is 17% higher for SMEs that have filed at least one European IPR. Filing a European IPR, therefore, provides a positive indicator of an SME’s readiness to scale up business to European level.
In high-tech industries, the likelihood of high growth is 110% higher for SMEs that have filed one or more European patents. Interestingly, the predictive power of European patents is particularly high in low-tech industries (+172%), where a patent filing can be a relatively rare event.
IP bundles involving trade marks systematically outperform other bundles and single IPR categories, thus suggesting that trademarks are the basic building block of effective IP bundles. This is likely due to the fact that a trademark registration is related to market entry and thus turnover growth.
The full text of the study can be found here.
The Chinese tech company Huawei will continue to sell its smartphones in Germany after reaching an agreement with the patent poll MPEG LA.
The dispute at hand concerns video coding technology used in computers and phones, for which there are patents included in the MPEG LA portfolio.
In 2018, the Court in Düsseldorf ruled in favor of MPEG LA ordering all Huawei’s smartphones which are sold in Germany to be recalled and destroyed.
To prevent such results, Huawei signed a license agreement with MPEG LA that will allow the company to use the above-mentioned patents as well as to continue their selling in Germany.
The USPTO published its new guidelines on the eligibility of subject matter in patent applications.
With these guidelines, the USPTO gives some important clarifications on the implementation of the first step of the US Supreme Court’s Alice/Mayo test. There are two main changed in that regard:
- First, in accordance with judicial precedent and in an effort to improve certainty and reliability, the revised guidance extracts and synthesizes key concepts identified by the courts as abstract ideas to explain that the abstract idea exception includes certain groupings of subject matter: mathematical concepts, certain methods of organizing human activity, and mental processes.
- Second, the revised guidance includes a two-prong inquiry for whether a claim is “directed to” a judicial exception. In the first prong, examiners will evaluate whether the claim recites a judicial exception and if so, proceed to the second prong. In the second prong, examiners evaluate whether the claim recites additional elements that integrate the identified judicial exception into a practical application. If a claim both recites a judicial exception and fails to integrate that exception into a practical application, then the claim is “directed to” a judicial exception. In such a case, further analysis pursuant to the second step of the Alice/Mayo test is required.
For more information here.
The European Patent Office launched the beta version of its refreshing database for patent searching ESPACENET. The new version is more modern, dynamic, intuitive and it is optimised to work on different devices including desktop PCs, tablets and smartphones.
The beta version is accessible here. For more information about it, you can watch the hereunder video presentation. EPO encourages sending feedback, which can be done from here.