Posted by: Arturo Reyes in Reyes Fenig, Pharmaceuticals, Patents, patent, MPTO, Mexico, IP litigation, intellectual property, Drugs, Drug patents, claims, appeal on
May 05, 2010
The linkage system
For many years, a usual complaint from patent owners of pharmaceutical products was that the Mexican FDA -Comisión Federal para la Protección contra Riesgos Sanitarios, better know by its acronym COFEPRIS- was encouraging patent infringement by issuing marketing authorizations for patent-infringing drugs.
On 2003, the President amended the Reglamento de la Ley de la Propiedad Industrial or Rules of the Industrial Property Law and the Reglamento de Insumos para la Salud or Rules for Health Supplies to create a "link" between the Mexican Patent and Trademark Office (MPTO) and the Mexican FDA.
According to the amended Rules of the Industrial Property Law, the MPTO must publish every six months an updated list of patented drugs, identified by the name of the active ingredient.
Posted by: Arturo Reyes in Trademarks, trademark registration, trademark, Trade Marks, Trade Mark, Reyes Fenig, Mexico, licensing, Lawsuits, law, IP litigation, INTA, appeal on
Nov 06, 2009
The INTA Bulletin of July 209 (Vol. 64 No. 12) informed that the International Trademark Association (INTA) filed an amicus brief with the Specialized Chamber in Intellectual Property of the Federal Court of Tax and Administrative Affairs (FCTAA), in connection with an appeal filed against the Mexican Patent and Trademark Office (MPTO).
According to the bulletin, the basic purpose of the amicus brief was to persuade the FCTAA to "reverse the decision rendered by IMPI (the Spanish acronym for the MPTO) and to interpret the law to provide Mexican trademark owners with the right to seek cancellation of a registration on the ground of bad faith, a right currently enjoyed by foreign trademark owners."
Of course, as a Mexican lawyer, it was interesting to learn that INTA was involved in a Mexican
A new patent ruling is likely to have a big impact on business method and software patents.
The U.S court of appeals upheld a decision of the U.S patent office that denied a patent from an applicant named Bernard L Bilsky, an owner of a small company called Weatherwise. The patent application comprises a mathematical model that enables managing bad weather risks in the commodity market.
The Bilsky patent was not tied to any form of technology and had some serious obviousness problems thus rendering it to be a perfect test case for those interested in eliminating the possibility of business method and software patents.
The court ruled that the Bilsky patent has no machine or transformation of a substance involved. In effect, their patent application didn't involve what the court called
In August 2007 the USPTO has issued revisions to some of its rules that allow the PTO to implements limits in continuation applications and claims number. The Plaintiffs (Tafas) brought suit against the PTO and challenged the validity of the revised rules.
On April 2008, the District Court has finally issued its Summary Judgment in the case in favor of the Plaintiffs stating that the PTO has stepped out of its authorities.
In its appeal to the CAFC, the USPTO asked the Federal Circuit to answer the following points:
- 1. Whether the USPTO's revised rules are within the PTO's statutory rulemaking authority;
- 2. Whether the revised rules stand in conflict with the Patent Act; and
- 3. Whether the PTO must provide public notice and comment for its rule revisions.
We shall surely continue
Microsoft appealed an earlier jury verdict dated last April, maintaining that Microsoft has infringed a number of Alcatel-Lucent's patents.
On Appeal, Judge Marilyn L. Huff refused to reconsider the April jury verdict and ordered Microsoft to pay for additional damages.
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