As mid-term elections embark, millions of Americans will rush to the voting booths to exercise on their Fifteenth Amendment Constitutional Right to vote. During this exciting democratic process, Intellectual Property will be all around them. Historically, there have been ground breaking patents, which have helped shape the American voting process. Some of the notable patents granted by the United States Patent and Trademark Office (“USPTO”) include as follows:
The ALS Association’s “ice bucket challenge” gained tremendous popularity via the social media. Friends, family members, acquaintances and sometimes even strangers challenged each other on social media such as Facebook, by recording an act of drenching themselves with an ice-cold bucket of water, and thereby making a pledge to donate towards ALS research. As such, the popularity helped the Association raised more than $94 million in less than a month towards finding a cure for ALS, colloquially known as Lou Gehrig’s disease.
In the aftermath of the Supreme Court decision in Alice Corp v. CLS Bank, we have been keeping a close eye on Federal Circuit and PTAB decisions for further clarification on the case's more stringent test regarding patent-eligibility under 35 USC 101. In this article we note several post-Alice developments regarding the patent eligibility of software processes that may fall in the category of "abstract ideas".
United States Urges India on Enforcing Drug Patents in Order to Establish a High Level Working RelationshipWritten by Kaustubh Nadkarni
The White House under Obama Administration is ”pressuring” the new Indian Prime Minister Narendra Modi to revise the Indian Intellectual Property Laws, especially to repeal Section 3 of the Indian Patent Act of 1970, as amended in 2005. In an ongoing effort to strengthen relationships between the U.S. and India, both administrations have agreed to establish high level working groups on intellectual property matters to engage in issues of concern. This move on part of the White House, however, is not unprecedented, given that the United States has consistently advanced higher intellectual property protections through its trade working groups and partnerships on international platforms.
The White House is working on initiatives geared to aid defendants from suits asserted by Patent Troll Plaintiffs. A Patent Troll or a patent assertion entity is a non-practicing person or entity that enforces its rights against accused infringers in an attempt to collect damages often from a big pocket entity like Microsoft or Apple. A patent troll generally does not manufacture products or advance services from the patent in question, but rather stockpiles it, until an entity or person infringes on their patent.
An entertaining case emerged at the United States Copyright Office recently in regards to a "selfie" taken by a crested black macaque in Indonesia in 2011. British wildlife photographer David J. Slater was on a mission to Indonesia to raise awareness on endangered species via wildlife photography. While attempting to take an ideal picture of the endangered crested black macaques in their habitat, a female macaque grabbed Slater’s camera and proceeded to take some selfies of herself. One of the images was a highly animated and grinning selfie, which became an instant viral hit.
Personal Audio LLC, a patent troll has recently been flourishing in its efforts of collecting huge royalties from podcasters all across the United States. Its patent claims to have invented “episodic content” transmitted over the Internet, including video content. The infamous podcasting patent was infringed by media giant CBS.
The Supreme People’s Court of the People’s Republic of China (China) has proposed a bill to inaugurate three (3) Intellectual Property (IP) Courts in predetermined geographical areas. The Courts are strategically proposed to be in predominant IP hubs of China: Shanghai, Beijing and Guangzhou. It is rumored that the bill will be introduced to the legal committee of National People’s Congress in China expeditiously. The proposed bill is detailed for the IP Court to be a mid-level court, similar to the United States Federal District Court here in the United States.