Expert Analysis

• EU May Soon Surpass US As Patent Center

  

  Despite some uncertainty surrounding Brexit’s impact, the changing patent regime in Europe likely will make things easier for patent holders. Indeed, the new Unified Patent Court has several features that suggest it will be an appealing alternative to U.S. patent courts, say Ashley Keller and Katharine Wolanyk of Burford Capital LLC.

• What To Expect From NPE Activity In China

  

  An affiliate of nonpracticing entity Wi-LAN recently filed a patent suit against Sony in Nanjing, China. NPE activities have rarely been seen in China, so this raises the concern that international NPEs are now stepping in. Chinese patent litigation practice has two factors favorable to NPEs and two factors not favorable to NPEs, says Jackie Wong, legal counsel at Xiaomi Inc.

• US Patent Practice Drifting Toward Approach Prevalent Abroad

  

  Post-Alice cases on technical problems and technical solutions show that a problem-solution standard similar to the one adopted in Europe, Australia, China and Japan is seeing express endorsement by U.S. courts adjudicating Section 101 challenges, say Gurneet Singh and Harold Laidlaw of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

• Tips For Addressing The IP Challenges Of 3-D Printing: Part 1

  

  The intellectual property rights of both manufacturers that use 3-D printing and manufacturers that don't may suffer through claim drafting that does not take into account the opportunities provided by 3-D manufacturing, say attorneys with Marks & Clerk.

• EU Unified Patent Court Will Proceed In 2017 — Now What?

  

  Although it is sensible to be cautious and plan accordingly, we believe that the European Union's Unified Patent Court will, after a possibly extended teething period, become a significant forum in which patents are litigated, say Trevor Cook and Anthony Trenton, leaders of WilmerHale's IP litigation practice in Europe.

• Comparing Patent Quality At The USPTO And EPO

  

  In this latest article in an ongoing series on patent quality, Professor Colleen Chien of Santa Clara University School of Law and Professor Jay Kesan of University of Illinois College of Law provide a snapshot of comparative patent inputs, processes and outcomes at the European Patent Office and U.S. Patent and Trademark Office.

• Brexit And Supplemental Protection Certificates

  

  The procedure for applying for patents through the European Patent Office will be entirely unaffected by Brexit because the EPO was established by a separate treaty unrelated to the European Union. EU law, however, is critical to the acquisition and enforcement of other intellectual property rights, including supplemental protection certificates, say William Hubbard and Barry Herman of Womble Carlyle Sandridge & Rice LLP.

• Q&A With GAO Directors: Improving Patent Quality

  

  Overall, we were impressed by the U.S. Patent and Trademark Office's commitment to improving patent quality through their Enhanced Patent Quality Initiative. However, we still recommended that the USPTO take a number of actions, say John Neumann and Frank Rusco of the U.S. Government Accountability Office.

• EU Court Brings New Copyright Liability For Linked Material

  

  The EU Court of Justice recently ruled that websites that merely link to infringing material can be liable for copyright infringement. If GS Media v. Sanoma stands, it threatens to disrupt common practices on a wide variety of websites and social media platforms, say Jennifer Stanley and Liwen Mah of Fenwick & West LLP.

• Best Of Times And Worst Of Times For International IP

  

  While the intellectual property environment is healthy, the international trade environment is not. The troubling situation raises the question of whether prevailing anti-trade sentiment will undercut IP harmonization progress and jeopardize the future of the global IP system, say Jay Erstling and Amy Salmela of Patterson Thuente Pedersen PA.

• The Complicated Role Of Copyright In EU Pay-TV Case

  

  While the European Commission's decision to close its antitrust investigation of Paramount Pictures does not mark the end of the pay-TV investigation, which continues against other studios and broadcasters, the history of the case and the terms of this settlement provide an interesting insight into the EC’s current views on the interaction between competition law and copyright, say Becket McGrath and Trupti Reddy of Cooley LLP.

• Deciding Where To File Patents Internationally In 2016

  

  Staying tethered to old patent filing strategies can soothe the cognitive dissonance created by a rapidly changing world. But applicants should resist the siren song of the old standbys to optimally adapt their patent portfolios to a world in economic and political flux, says Stephen Keefe, patent counsel at the Getinge Group.

• What Brexit Means For EU Patents And Trademarks

  

  Until the end of the negotiation period that will follow the Brexit vote, EU laws will continue to apply in the U.K., and intellectual property owners will likely experience no change in their rights in the U.K. until at least 2018, say Peter Pappas and Karissa Blyth of Sutherland Asbill & Brennan LLP.

• 7 Reasons Revocation In EU Could Be As Popular As IPR In US

  

  In addition to providing a forum for centralized enforcement of European patents, the Unified Patent Court will offer a new opportunity for challengers to invalidate a European patent centrally in a single action. There are some similarities between UPC revocation actions and the hugely successful inter partes reviews in the U.S., say Leythem Wall and Hazel Ford of Finnegan Henderson Farabow Garrett & Dunner LLP.

• UK Supreme Court Clarifies Scope Of EU Design Protection

  

  The U.K. Supreme Court's reasoning in a dispute involving children’s suitcase manufacturers raises important points for those filing community registered design right applications in Europe, says Dafydd Bevan of Marks & Clerk.