Tag >> claims
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: Yen Thieu in Worldwide patent, Vietnam, prosecution, Pharmaceuticals, PCT national stage, Patents, Patent Prosecution, Patent filing, patent, novelty, law, intellectual property, examination, EPO, Drug patents, claims on
May 13, 2009
Patentability of medical use claims in Vietnam has been debated for long time. At certain points of time, a number of Vietnamese patents were granted with medical use claims (first use or second use) following the practice at EPO. However, with the advent of the Code of Intellectual Property 2005, which came into force on July 1, 2006, the question again became hotly arguing. In applying the Code of Intellectual Property 2005, medical use claims, just like any other use claims, are rejected in Vietnam for failure to be either products or processes, and hence subject to exclusion from patent protection in the country. Patent applicants, especially those in pharmaceutical industries, and their patent agents choose to either: (1) convert the second medical use claims (Swiss type, as named
Posted by: Ophir Tal in USPTO, software patent, Software, politics, Patents Opposition, Patents, Patently-O, Patentability, Patent Prosecution, Patent Legislation, patent, Internet Patent, intellectual property, cyberlaw, Court of Appeals of the Federal Circuit, COMPUTER CONTROLLED SOFTWARE INTEGRATED INVENTIONS, claims, CAFC, blogging on
Jul 22, 2008
Prof. John F. Duffy analyses at Patently-O the probable position of the USPTO towards software patents as presented in a series of cases. Specifically, patentable subject matter must result in a physical transformation of an article that is tied to a particular machine. A general purpose computer may probably not be regarded as a particular machine, and data structures and numbers (e.g. webpage rankings) may probably neither be regarded as articles nor as being physically transformed. Well – some news for the software industry. The analysis is recommended as being not only thorough but also quite easy to read.
Hmm.. need a break in the trademark-related entries from our US colleague at Cantor Colburn? ;-) As usual the EPO has a new schedule of fees ready for 1 April with most fees being raised by 5% or other like fair amounts. Beware of the new claim fees and annual maintenance fees, however !! As you know, the EPO charges a fee, currently 45 EUR, for each claim above 10 claims. Starting from 1 April 2008, this is changed to a fee of 200 EUR for each claim above 15 claims. A raise of this order seems to be a political tool for having us reduce the number of claims. This is further emphasized by yet another fee change scheduled for 1 April 2009, where in addition each claim above 50 claims
Posted by: Meirav Shalem in United Kingdom, claims on
Feb 11, 2008
In a RelatIP recent post I have reported the new approach of the UK intellectual property office (UK-IPO) regarding computer programing related claims [Last Post] stating that the UK-IPO tends towards allowing these claims drafting in UK applications. In a recent judgment in Astron Clinica and other's Applications [2008] ("Astron Clinica") [
Posted by: Amit Zuckerstein in USPTO, United States, United Kingdom, UK-IPO, TTab, Trademarks, trademark, private copying, Patent Legislation, Inventors, indefinite articles, ICANN, Domain names, domain name tasting, defences, cyberlaw, Copyright defences, copyright, consultation, claims, blogging, Australia on
Jan 21, 2008
I'd like to share 10 IP related blog posts that caught my eye in the previous week. Patents 1. Dennis Crouch, in his blog "PatentlyO", writes about one of the suggested changes mentioned in the Senate report on patent reform and in particular to the elimination of
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