Wednesday, 30 October 2002
- GetIPDL -
Version 2 Now Available - Now Shareware
 GetIPDL have released another update to their
Patent Downloading software. Version 2.0 is now officially a Shareware
program. There is a freeware versions with certain limitations.
These limiations are removed when you register the product. The cost is US$89.00
to get the registered version. It should be noted that the tracking or statistic feature
which concerned many users is now removed in the licenced version. The cost is
also very competitive when compared to similar patent downloading products on the market.
To find out more, please visit the GetIPDL website here.
| Get IPDL Website |
Posted by Rodney Cruise.
- WIPO
Welcomes Adoption by US Lawmakers of Madrid System Bill
The Director General of the World Intellectual Property Organization (WIPO), Dr.
Kamil Idris, has welcomed the adoption by United States lawmakers of a bill that paves the
way for the United States to join other countries in a pact that greatly facilitates and
reduces the costs for the registration of trademarks in multiple countries. "We are delighted that the U.S. lawmakers have passed this
important bill. This is excellent news for both American trademark holders as well as
nationals of other countries that are party to the Madrid Protocol and opens up new
commercial opportunities for all concerned," The full WIPO Press Release
is available here.
| WIPO Website |
Posted by Rodney Cruise.
- Europe - Administrative Council of the European Patent
Organisation
For those who like to follow the comings and goings of the EPO we can
report that Mr Roland Grossenbacher has been reappointed to chair the Administrative
Council of the European Patent Organisation. The decision was taken at the 90th meeting of
the Administrative Council of the European Patent Organisation (EPO). Roland Grossenbacher
will serve as its Chairman for a second term, beginning on 5 March 2003. Grossenbacher is
Director of the Swiss Federal Institute of Intellectual Property in Bern. Apparantly this
is the first time in the EPO's history that the Administrative Council has exercised the
option of reappointing its Chairman.
| EPO Website |
Posted by Rodney Cruise.
- Canada
- CIPO - Challenges, Opportunities and Directions for the Future
A presentation was given by the Canadian Intellectual Property Office
(CIPO) at the Intellectual Property Institute of Canada’s (IPIC) Annual General
Meeting in October 2002. It discusses the challenges and opportunities facing CIPO, and
the course CIPO will be taking in the coming years to enhance service delivery and
decrease turn-around times for patent and trade-mark applications. The presentation is
available in both a straight HTML
format and a downloadable PowerPoint™ format.
| CIPO
Website |
Posted by Rodney Cruise.
Monday, 28 October 2002
- WIPO -
Domain Resolution in .edu Top Level Domain
The World Intellectual Property Organization (WIPO) and EDUCAUSE, the
administrator of the .edu top level generic domain, have signed an agreement which makes
WIPO the sole dispute-resolution service provider for the .edu domain. The .edu domain is
restricted to regionally-accredited, American degree-granting institutions of higher
education - and is one of the original generic top level domains (gTLDs), along with .com,
.org, and .net.
WIPO’s Arbitration and Mediation Center will apply the .edu Domain Name Dispute
Resolution Policy (eduDRP) - a modified version of the Uniform Domain Name Dispute
Resolution Policy (UDRP) - a low-cost and speedy alternative to litigation, in the drive
to resolve "cybersquatting" disputes arising in the .edu domain. The WIPO Center
is the leading dispute-resolution service provider for the UDRP and related domain name
policies.
| WIPO Website |
Posted by Rodney Cruise.
- Rapidpat
- US Patent Search, Document Provision, Patent Information Services
 I have recently become aware of an organisation called
Rapidpat. Rapidpat appear to provide custom patent information products that allow
organisations to perpetuallly license the US patent collection from an in-house system. It
looks like an interesting service/product. To find out more, visit the Rapidpat website here.
"Rapidpat produces custom patent information products and
services that help individuals and organizations turn innovation to product and profit.
Backed by 20 years of IP and technology experience, Rapidpat's team breathes new life to a
centuries-old business. Expertly tailored and aggressively priced patent information
services are customized to meet a wide array of patent information needs that are as
unique as the ideas that underpin today's leading products and services".
| Rapidpat Website |
Posted by Rodney Cruise.
- OPTIMAL
2003 - Upcoming Conference & Exhibition - 12 to 14 March 2003
OPTIMAL 2003 is a conference & exhibition which is a joint collaboration
between IPOS - the Intellectual Property Office of Singapore, JPO - the Japan Patent
Office and HQ Link Pte Ltd. Officially supported by Licensing Executives Society Singapore
(LES Singapore), it will "unravel key trends and
developments in Intellectual Asset Management and IP valuation and licensing strategies,
both in the Asian region and around the globe. In addition, it will provide an exciting
and unique platform for organisations looking for licensing opportunities or simply
looking for ways to optimise their IA!" OPTIMAL 2003 is also supported by
the leading IP organisations.
To find out more, visit the OPTIMAL 2003 Website.
| OPTIMAL Website |
Posted by Rodney Cruise.
Friday, 25 October 2002
- WIPO
- Draft Substantive Patent Law Treaty
The Standing Committee on the Law of Patents, who will be holding
their eighth session in Geneva from 25 to 29 November 2002 have published the Draft
Substantive Patent Law Treaty and the Draft Regulations Under the Substantive Patent Law
Treaty. The revisions take into account the views expressed in the Standing Committee on
the Law of Patents at its seventh session which was held on 6-10 May this year.
Draft Substantive Patent Law Treaty | WORD
| PDF
|
Draft Regulations Under the Substantive Patent Law Treaty | WORD
| PDF
|
| WIPO Website |
Posted by Rodney Cruise.
- Australia - 2003 LESANZ National Conference
The 2003 LESANZ National Conference will be held from 20 to 22 March
2003 at Hyatt Hotel, Adelaide South Australia. Moving technology to the marketplace is the
focus of the LESANZ annual conference in 2003.
"The conference will address issues at the forefront of
this rapidly developing area of national importance. Topics will include managing your
intellectual property, industry/university partnerships, key issues in licensing,
conducting effective negotiations, the changing landscape of intellectual property in the
context of emerging technologies, the future framework for intellectual property locally
and internationally, sources of funds for business creation and tax effective structures
for intellectual property commercialisation. The protection and management of intellectual
property in all its forms is now recognised by all leading industries as a key asset.
Whether you are involved in the creation of intellectual property through research,
development or other creative activities or its management, licensing and
commercialisation, the 2003 LESANZ National Conference will provide an ideal opportunity
to gain or increase your awareness in all aspects of intellectual property".
If you are interested in receiving a copy of the conference brochure please forward your
details to: LESANZ Secretariat, PO Box 51 Pakenham Upper, Victoria 3810 or email:
Farmington@bigpond.com. or contact Georgia Sherry SA State Chair, LESANZ, c/o Adelaide
Research & Innovation, The University of Adelaide, Adelaide 5005 on 08 8303 6099 or
email georgia.sherry@adelaide.edu.au.
Thanks to Donald Argus for the information.
| LESANZ Website |
Posted by Rodney Cruise.
Thursday, 24 October 2002
- Japan - Trends in Industrial Property Right Applications and
Registration Report
The Japanese Patent Office (JPO) has released a report which provides some interesting statistics
on patent (and utility models), Designs and Trademarks in Japan. The report includes the
following:
1. Status of Patents and Utility Models
1-1. Recent Status of Applications
(1) Trend in the Number of Applications
(2) Comparison with Foreign Countries
(3) Structural Status of Patent Applications in Japan
1-2. Recent Status of Registrations
2. Status of Designs
2-1. Recent Status of Applications
2-2. Recent Status of Design Registrations
3. Status of Trademarks
3-1. Recent Status of Applications
3-2. Recent Status of Registrations
To read the entire report, visit the JPO website here.
| JPO Website |
Posted by Rodney Cruise.
- Australia -
Plant Breeders Rights Database Available
The Department of Agriculture, Fisheries and Forestry Australia provide a
searchable database for all Plant Breeder Varieties (PBR). The detailed description and
image is available if the variety has been granted full rights under section 44 of Plant
Breeder's Rights Act 1994 or section 26 of Plant Variety Rights Act 1987
| PBR Website |
Posted by Rodney Cruise.
- PCT
Fee Reduction from 17 October 2002
The Assembly of the International Patent Cooperation Treaty have decided that from
17 October 2002, the Schedule of Fees will be amended to REDUCE
the international fee by 200 Swiss francs IF
the international application is filed in ELECTRONIC FORM.
Further information can be found in the PCT Newsletter of 10/2002.
| WIPO Website |
Posted by Rodney Cruise.
- Australia
- Intellectual Property & Biotechnology: Access, Ownership and Control
On Friday 8 November 2002, at the National Gallery of Australia, The Australian
Centre for Intellectual Property in Agriculture (ACIPA) will be holding their annual
conference with the theme "Intellectual Property & Biotechnology: Access,
Ownership and Control". More information including program, registration and speakers
can be found here.
"This one-day conference will explore some of the legal,
social, and medical challenges associated with the patenting of genetic materials. It will
discuss a number of recent controversies over the ethics of patenting biotechnological
inventions. In particular, it will focus upon the debate over stem cell research, the
battle over Myriad Genetics' patents related to breast cancer, and the WTO discussions on
access to essential medicines.
This forum will explore concerns over the impact of gene patenting on the conduct of
research, and access to medicines and healthcare. It will also consider the
commercialisation of intellectual property, and the further development of the Australian
biotechnology industry. Special attention will be paid to the emerging fields of
biotechnology, such as genomics, proteomics, bioinformatics, medical diagnostics, and drug
discovery.
Participants will also investigate the impact of intellectual property in respect of
agricultural biotechnology. They will consider the interaction between plant breeder's
rights and patents, and the potential role of intellectual property law in regulating
bioprospecting in the environment. These pressing issues will be examined against the
background of the international framework for the regulation of biotechnology.
The conference will be of interest to business managers and policy-makers, government
analysts, patent attorneys and legal practitioners, academics and researchers, and the
general public".
| IPRIA Website |
Posted by Rodney Cruise.
Wednesday, 23 October 2002
- USA -
Pharmaceutical Patents - President Bush Takes Action to Lower Prescription Drug Prices
The President of the USA has just delivered a speech on a way to speed
the approval of low cost generic pharmaceuticals by making significant changes to the use
of automatic 30 month stays in patent infringement litigation involving a generic
application. The Presidents speech can be viewed here. A fact
sheet on this action is also available here.
"The Food and Drug Administration is issuing a proposed rule that will permit
only one automatic stay per generic drug application. A move that in many cases will
reduce the public's wait for generic drugs by years. Some patents will no longer be
entitled to protections like the 30 month stay, including patents on packaging and others
that have little or nothing to do with valuable innovation and drug therapy".
"These steps we take today will not undermine patent protection. Instead, we are
enforcing the original intent of a good law. Our message to brand name manufacturers is
clear: you deserve the fair rewards of your research and development; you do not have the
right to keep generic drugs off the market for frivolous reasons".
Posted by Rodney Cruise.
- INPADOC
News - ARIPO Utility Models
From June 2002 onwards ARIPO (African Regional Industrial Property
Organisation) started to issue utility models. ARIPO utility models will be included in
the bibliographic database of the EPO (including INPADOC and esp@cenet) in November 2002.
These utility models have an expiration period of ten years from the filing date of the
application.ARIPO (AP) States are: Botswana (BW) Ghana (GH) the Gambia (GM) Kenya (KE)
Lesotho (LS) Malawi (MW) Mozambique (MZ) Sierra Leone (SL) Sudan (SD) Somalia (SO)
Swaziland (SL) Tanzania (TZ) Uganda (UG) Zambia (ZM) Zimbabwe (ZW). For more information
click here.
| EPO Website |
Posted by Rodney Cruise.
- IP
MENU Update
IP MENU has updated the following Intellectual Property Resources:
IP Country - China
What's New...
- Trademark Office State Administration for Industry and Commerce of the
P.R.C.
- National Copyright Administration of the P.R.C.
- China National Intellectual Property Rights Network
- The Patent Law of The People's Republic of China
- The Implementing Regulations of the Patent Law of the People's Republic of China
- The Regulations on Computer Software Protection
- The Trademark Law of The People's Republic of China
- The Interpretation by the Supreme People's Count of Several Issues Relating to the
Application of Law in Adjudication of Cases of Civil Disputes over Domain Names on
Computer Network
- The Copyright Law of The People's Republic of China
- The Implementing Regulations of the Copyright Law of the People's Republic of China
- The Regulations for the Protection of Layout-design of Integrated Circuits
- The Rules for Implementing the Regulations on the Protection of Layout-Designs of
Integrated Circuits
- Several Provisions of the Supreme People's Court on Issues Relating to Application of
Law to Adjudication of Cases of Patent Disputes
- Several Provisions of the Supreme People's Court for the Application of Law to Stopping
Infringement of Patent Right Before Instituting Legal Proceedings
- Selected Trademark Case Law hosted on the Trademark Office State Administration for
Industry and Commerce of the P.R.C.
Posted by Rodney Cruise .
- Air
Products To Manage Patents and Technology with PLXsource, PLXware
Press Release: "PASADENA,
CA., Oct. 22, 2002 - PLX Systems Inc. today announced that Air Products and Chemicals Inc.
(NYSE: APD) will incorporate PLXware and PLXsource, software and Web-based tools for
managing intellectual assets, in the management of its patent estate and in the evaluation
of external technology opportunities".
"Air Products serves customers in technology, energy, healthcare and industrial
markets worldwide with a unique portfolio of products, services and solutions, providing
atmospheric gases, process and specialty gases, performance materials and chemical
intermediates. The company is the largest global supplier of electronic materials,
hydrogen, helium and select performance chemicals. With annual revenues of $5.7 billion,
operations in 30 countries and 18,000 employees, Air Products is ranked 310th in sales and
284th in total assets among Fortune magazine's April 2002 list of the 500 largest
corporations in the United States".
For more information visit Air Products website
| Air Products Website
|
Posted by Rodney Cruise.
Tuesday, 22 October 2002
- STN Express with Discover!–Version 6.01 for Windows Released
STN has announced the release of Version 6.01 of their popular STN
Express with Discover! software.
The new features include:
- CAS Registry BLAST®–Run sequence similarity searches in REGISTRY, find
bibliographic and patent data in STN, monitor sequences with CAS Registry BLAST alerts,
and merge BLAST alignment data with your STN transcript
- Additional predefined reports and tables–Create professional-looking reports and
tables for commonly run searches:
Journal Report and Journal and Patent Combined Report
Substance Report and Substance Report with Properties
Substance Table and Substance Table with Properties
- Post-processing enhancements–Modify reports and tables without starting over and
add formatting, e.g., adjust spacing, add images to headers and footers, and format
headings
- Transfer of SciFinder® answer keys into an STN session–Support your users by
extending their search to over 200 STN databases and using STN's advanced post-processing
tools.
To find out more, visit the STN website.
| STN Website |
Posted by Rodney Cruise.
Monday, 21 October 2002
- PCT
Full Text Database Prototype Now Available - Update
The PCT Full Text Database Prototype is now available on the WIPO IPDL. This prototype of the PCT
Gazette is available for test purposes only. Among the changes incorporated in the
prototype are changes to the layout and format of the data, access to data concerning
republished PCT applications (including images of republished pages), and searchable
access to the full text of description and claims. The prototype will be available in
parallel with the current PCT Gazette until the completion of the necessary testing and
consultation, after which it is planned that the prototype, as modified as a result of the
testing and consultation, will supercede the current PCT Gazette. Comments concerning the
new prototype are invited and may be submitted to pctlegaldiv@wipo.in.
It should be noted that many of the full text documents do not appear to be loaded as yet.
There is also a limitation to languages that use Latin based characters (eg
English, German). Links to full images at esp@cenet
are also available..
| WIPO Website |
Posted by Rodney Cruise.
- IP MENU Update
IP MENU has updated the following Intellectual Property Resources:
IP Country Resources - Chile
- Search Chile Patents and Utility Models hosted by the Departamento de Propiedad
Industrial de Chile | Registration required: Free | Language: Spanish.
IP Country Resources - Chile
- Search Chile Trademarks hosted by the Departamento de Propiedad
Industrial de Chile | Registration required: Free | Language: Spanish.
IP Country Resources - Chile - Search
Chile Designs hosted by the Departamento de Propiedad Industrial de Chile | Registration
required: Free | Language: Spanish.
Posted by Rodney Cruise.
Thursday, 17 October 2002
- PCT
Full Text Database Prototype Now Available
The PCT Full Text Database Prototype is now available on the WIPO IPDL. This prototype of the PCT
Gazette is available for test purposes only. Among the changes incorporated in the
prototype are changes to the layout and format of the data, access to data concerning
republished PCT applications (including images of republished pages), and searchable
access to the full text of description and claims. The prototype will be available in
parallel with the current PCT Gazette until the completion of the necessary testing and
consultation, after which it is planned that the prototype, as modified as a result of the
testing and consultation, will supercede the current PCT Gazette. Comments concerning the
new prototype are invited and may be submitted to pctlegaldiv@wipo.int.
| WIPO Website |
Posted by Rodney Cruise.
- New EPIDOS News Now Available Online
 A
new edition of EPIDOS News [Issue 3/02] is now available online. The
headlines are:
Headlines:
- INPADOC, a retrospective -
On 15 October 2002, INPADOC co-founder Wolfgang Pilch will receive the International
Patent Information Award 2002 for his role in the creation and development of INPADOC. In
celebration of this achievement, EPIDOS News presents a retrospective of nearly 30 years
of INPADOC.
- Customer service in Vienna - The EPO's
Principal Director for Patent Information, Liliane Meyers, presents a staff initiative
targeting customer service at the EPO in Vienna.
- esp@cenet® - The esp@cenet® service now
includes links to cited documents for EP and WO records, as well as a special tool
providing guidance in searching using EC classifications. The help files are soon to be
updated with more information on the coverage of the data in the esp@cenet® service.
- Online European Patent Register - The
Online European Patent Register now includes a new feature for displaying the most recent
event in the grant procedure for any European patent application.
- epoline® Annual Conference - Following on
from the successful launch of epoline® in 2001, the European Patent Office will hold its
first ever annual epoline® conference in Nice this December.
- Far East meets West in Vienna - The first
EPIDOS Japanese patent information user meeting will be held at the EPO's Vienna
sub-office this November.
To read the full version of EPIDOS news, click here.
| EPO Website |
Posted by Rodney Cruise.
- Slovenia
Accedes to European Patent Convention
 On
18 September 2002, the Government of the Republic of Slovenia (SI) deposited its
instrument of accession to the European Patent Convention (EPC) and to the Act revising
the EPC of 29 November 2000. The EPC will accordingly enter into force for Slovenia on 1
December 2002. The European Patent Organisation will thus comprise the following 25 member
states as from 1 December 2002:
Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, the Netherlands,
Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
For further information please visit the EPO website here.
| EPO Website |
Posted by Rodney Cruise.
- Delphion
- Free PatentLab for October
Delphion have a special limited-time opportunity to try their analytical and
visualization tool, PatentLab. Now through the end of October, Delphion Research is
offering all users--Basic, Premier, and Unlimited--FREE downloads of PatentLab data for up
to 500 records per download.
"If you are a Basic user or have never used PatentLab before, this is a unique
opportunity to access PatentLab and experience firsthand how PatentLab can help you
identify and uncover:
-Trends in innovation
-Key focus areas and new development projects of competitors
-Current accomplishments of important inventors
-Companies most active in a particular technology and level of activity
-Most active inventors in a specific technology or patent class
After October 31, 2002, this offer will end and you must be a Premier or Unlimited
subscriber to download data for PatentLab use".
Delphion have also announced a simpler priciing structure for PatentLab.
As of October 1, 2002, the fee for each set of 500 records you download for PatentLab is:
-Bibliographic Data: US$5.00
-Bibliographic Data and Abstracts: US$10.00
-Bibliographic Data, Abstracts, and Claims: US$15.00
To find out more on the Delphion service, visit the Delphion website here.
| Delphion Website |
Posted by Rodney Cruise.
Tuesday, 15 October 2002
- New
ACQUIRE Database - FIZ Karlsruhe/STN
"FIZ Karlsruhe, European partner of STN International, one of the world's
leading online providers of scientific and technical information, has announced the launch
of the AQUIRE database. AQUIRE contains scientific papers published both nationally and
internationally on the toxic effects of chemicals to aquatic organisms and plants.
The database contains 214,470 records from 1915 - 2001. Most of the records, however, are
from 1970 on. Over 4,000 species and 7,000 chemicals are covered. Priority is given to
data published in the peer-reviewed literature. Theses, government reports, journal
articles, unpublished reports and other grey literature are also included. Independently
compiled laboratory data files that include AQUIRE parameters and meet the quality
assurance criteria are also contained. Toxicity test results and related
testing information for any individual chemical from laboratory and field aquatic toxicity
tests are extracted and added to AQUIRE. Producer of the database is the U.S.
Environmental Protection Agency (US EPA)."
Click here for further information.
| FTZ Karlsruhe | STN |
Posted by Simon Ware.
- USPTO
The USPTO complete collection of U.S. Patents is now available on DVD-ROM. Click here
for more information.
| USPTO |
Posted by Simon Ware.
Monday, 14 October 2002
- Enlargement - Online Trade Mark
Search System in 5 Candidate Countries
The automatic extension of the Community Trade Mark (CTM) system following the
accession of Candidate states means that those considering trade mark protection in Europe
will now need to considered the Candidate Countries. OHIM have detailed on their website 5
of the Candidate Countries freely accessible trade mark databases that are now available.
In order to allow right holders of all jurisdictions to prepare to the extension of CTMs
and eventually avoid such conflicts, the OHIM, in cooperation with the Offices of
candidate countries, decided to put on line existing search systems that are available.
Czech Republic - Czech National Trade mark Database This database contains trade marks
filed in the Industrial Property Office of the Czech Republic (in beta version also
international trademarks valid on the Czech territory). Searches can be carried out
according to Application Number, Registration Number, Trade mark Wording, Nice and Vienna
Classification, Holder/Applicant, Filing Date, Priority Date, Publication Date,
Registration Date.
Estonia - Trademark
Database of the Estonian Patent Office The search is free of charge, but you need to
become a registered user. The Database contains data concerning the trade marks registered
in the Republic of Estonia and applications for trade mark registration since 1 October
1992 as prescribed in the Trade mark Act. Data concerning trade mark registration
applications can be found in the Database in the form filed by the applicants. The
application number comprises of 7 figures (e.g. 9212345), since the year 2000 it comprises
of 10 figures (e.g. M200012345). The Database does not include international registrations
of trade marks protection proceeding therefrom extends to the Republic of Estonia.
Hungary - Hungarian
Industrial Property Database PIPACS PIPACS (Public Industrial Property Aggregate
Collection for Search) Hungarian Industrial Property Database System covers all titles of
industrial property protection and offers unique search facilities by a single user
interface. The Hungarian trade mark collection contains more than 200.000 records
including registered trade marks, and pending application filed either in national way or
in the framework of the Madrid Agreement or Madrid Protocol.
Slovenia - Information
Databases of Slovenian Intellectual Property Office System includes trademarks,
industrial designs and patents, with a possibility of simple or advanced search in Slovene
or English language. Online HELP in English will be available at the end of the year.
Trade marks: legal status, registration number, registration date, expiration date,
application number, application date, priority, application published, registration
published, goods and services (only in slovene language version), Nice classification,
Vienna classification, collective mark indication, three-dimensional mark indication,
colours (only in slovene language version), applicant, owner, representative, licensee,
image of trade mark. Industrial designs: legal status, registration number, registration
date, expiration date, application number, application date, number of products, priority,
application published, registration published, Locarno classification, designation of
product, applicant, designer, owner, representative, licensee, image of products.
Slovakia - Slovak Republic Industrial Property Office Trade mark Database System
is free of charge, but registration is necessary. The database contain all registered
trade marks and pending applications in the Slovak Republic.
Posted by Rodney Cruise.
Friday, 11 October 2002
- New
rules ease patent registry - Hungary
A news report from Budapest Business Journal by Ágnes Csonka reports "A draft
in the making will allow foreign patent holders to get their inventions recognized in
Hungary by a single stroke of a pen Hungary’s entry to the European Patent Convention
(EPC), scheduled for Jan. 1 next year...". Click here for more information.
| BBJ website |
Posted by Simon Ware.
Thursday, 10 October 2002
- FICPI
FORUM - Prague - 9 to 12 October 2002
I have made it safely to Prague for the start of the 7th FICPI Forum. It promises to be a great
conference packed with some great presentations from some of the leaders in the IP field.
Unfortunately, I will not be able to get to every presentation, but I will certainly be
trying! Just a few of the topics being covered at the Forum include:
 -
"Effective prosecution through the USPTO", moderated by Noel Brett (AU) with
presenters Charles E. Van Horn (US) and Ivan Ahlert (BR).
- "Protection of Shape and Colour", moderated by Yashido Suzuki (JP) with
presentations by Pier Luigi Roncaglia (IT) and Gerad Skelly (AU).
- "Unravelling the Patenting of Biotechnology Inventions", moderated by Helene
Fagerlin (SE) with presentations by Daniel Alge (AT) and Ray Stewart (US).
- "Plant Variety Protection - How to Protect and License Plant Varieties",
moderated by David Bannerman (GB) with presenters Bastiaan Koster (ZA) and Danny
Huntington (US).
- "Domain Name Forum Shopping - The New Frontier", moderated by Christian Hano
(DE) with presenters Petter Rindforth (SE) and Chantal Bertosa (CA).
As you can see from this small sample, there is a great selection of IP topics covered at
the Forum with presenters from all corners of the globe.
One conference that I unfortunately wont be able to make it to, but is shaping up as a
great event is the EPIDOS conference. IP Menu will post more on that conference in the
near future.
| FICPI Website |
Posted by Rodney Cruise (Currently in
Prague)
- INCOM
PATWARE
INCOM PATWARE have released three new products:-
PATCONV - conversion of file formats between PDF and TIFF/BACON
PATWORK - notification of new documents
PATDVD-R - delivery of documents by CD-R or DVD-R
Full information can be accessed on the INCOM website.
| INCOM PATWARE |
Posted by Simon Ware.
Wednesday, 9 October 2002
Tuesday, 8 October 2002
Monday, 7 October 2002
- USPTO - Patent Bill
Passed
The USPTO reports that "Congress
enacted today, as part of the Justice Department Reauthorization Act, a bill that will
simplify international trademark registration, improve patent quality, decrease reliance
on patent litigation, protect the small inventor, and enhance educational opportunities
for Americans." For details click here.
| USPTO |
Posted by Simon Ware.
Friday, 4 October 2002
Friday, 4 October 2002
- Australia
- Bug-Shaped Confectionery Registrable as Trade Mark
The full court of the Federal Court of Australia has found the shape of a confectionery item
to be registrable as a trade mark, overturning decisions by the Trade Marks Office and the
Federal Court at first instance refusing registration.
Since the introduction of the Trade Marks Act 1995, which included shapes within the
definition of "signs" which are registrable as trade marks, there has been some
doubt as to the extent to which shapes are registrable. The Trade Marks Office has treated
shape trade marks with considerable suspicion, with the result that it has been extremely
difficult to obtain registration of a shape. One argument against registering shapes has
been that a trade mark must be something separate from the goods or services to which it
is applied. Another argument has been that shapes of goods are not perceived by members of
the public as indicating a connection between those goods and a particular manufacturer or
other trader.
In the case in question, a confectionery manufacturer applied for registration of a
three-dimensional shape of a stylised bug. The court at first instance ruled that the
shape was not "inherently adapted to distinguish" the applicant's confectionery
from that of other traders, because there was a limited number of different animal shapes
which could be used by confectionery manufacturers, so that a shape trade mark
registration would give one manufacturer an unfair monopoly in respect of that shape.
However, on appeal the court held by a majority of two to one that registration of the
shape imposed no unfair limitation on other traders.
The court indicated that a shape that goods possess because of their nature or the need
for a particular technical result cannot operate as a trade mark, but a shape which has no
functional significance other than aesthetic, or a shape which is entirely concocted, is
registrable as a trade mark provided that it is sufficiently distinctive.
Kenman
Kandy Australia Pty Ltd v Registrar of Trade Marks [2002]
FCAFC 273 (unreported, 28 August 2002).
John Gibbs is a partner of the firm Phillips Ormonde & Fitzpatrick. He may be
contacted here.
| Phillips Ormonde & Fitzpatrick
Website |
Posted by John Gibbs.
- New
Zealand - Shape Trade Marks Not Registrable
The New Zealand Assistant Commissioner of Trade Marks has issued a decision
refusing registration of a shape trade mark. The shapes in this case were the shapes of
Nestlé's two-finger and four-finger Kit Kat products.
The Assistant Commissioner found that the asserted trade marks were not "signs"
within the definition contained in the Trade Marks Act 1953. In 1995, a new definition of
"sign" had been inserted into the Act, but while the new definition included
"colour", it did not include "shape" as one of the items covered by
the definition. The Australian trade marks legislation was amended at about the same time,
and the definition of "sign" in the Australian legislation did include
"shape". The Assistant Commissioner concluded that the omission of
"shape" from the New Zealand legislation was deliberate, rather than legislative
oversight.
The Assistant Commissioner went on to say that, if the asserted trade marks had qualified
as signs, then they would have been "capable of distinguishing" in terms of the
test in the definition of "trade mark", but they were not "capable of
distinguishing" in fact because of similarly shaped goods sold by another trader.
The decision may result in a change in practice in New Zealand, because the Intellectual
Property Office of New Zealand has in the past accepted applications for shape trade
marks.
Horizon
Biscuit Company Limited and Cadbury Confectionery Limited v Société des Produits Nestlé
S.A. (unreported, IPONZ 30 August 2002).
John Gibbs is a partner of the firm Phillips Ormonde & Fitzpatrick. He may be
contacted here.
| Phillips Ormonde & Fitzpatrick
Website |
Posted by John Gibbs.
Thursday, 3 October 2002
- WIPO
- Progress is Made on PCT Reform
WIPO has just announced a number of measures designed to further
"streamline and simplify" the international patent application filing system
under the Patent Cooperation Treaty (PCT). The meeting of members of the PCT governing
body, the PCT Assembly, at its annual session held in Geneva from September 23 to October
1, 2002 approved the following measures. The information has been extracted from the
official Press Release. To read the Press Release in full, click here.
The measures include an enhanced international search and preliminary examination system,
the introduction of a new system of designating countries in which patents are sought, and
a fee reduction for international applications filed in electronic form.
Enhanced International Search and Preliminary Examination System
Following the adoption by the PCT Assembly of a 30-month time limit for entering the
national phase under Chapter I (see PR/2001/291), it is expected that many applicants will
no longer request international preliminary examination under Chapter II and that many
applications will thus enter the national phase without an international preliminary
examination report, contrary to the need of many designated offices, particularly small
and medium-sized offices in developing countries, for such examiners' opinions.
International Preliminary Examination - The
main feature of the new enhanced system is that one of the main elements of the present
international preliminary examination procedure under Chapter II, namely, the
establishment of an examiner’s opinion, will in effect be advanced and incorporated
into the international search procedure under Chapter I. Under the new system, the
International Searching Authority (ISA) will be responsible for establishing a preliminary
and non-binding written opinion addressing the question whether the claimed invention
appears to be novel, to involve an inventive step and to be industrially applicable (the
main internationally accepted criteria for patentability). That written opinion of the ISA
will be used for Chapter I and, if requested, for international preliminary examination in
Chapter II, thus combining the international search and international preliminary
examination procedures to a much greater extent than is the case at present.
Designation System - Under the new
designation system, the applicant will obtain an automatic and all-inclusive coverage of
all designations available under the Treaty without, at the time of filing the
international application, having to designate individual contracting states, choose
certain kinds of protection or indicate whether national or regional protection is sought.
Such matters will be dealt with in the national phase.
International Filing Fee - In the context of
introducing a new designation system, the introduction of a flat international filing fee
was also approved. This fee, once established, will replace the current basic fee and the
fee payable for every designation made.
Fee Reduction for International Applications Filed in
Electronic Form - PCT users will also benefit from a fee reduction for
international applications filed in electronic form, following a decision to reduce the
cost of filing international applications in electronic form by 200 Swiss francs, in line
with the fee reduction granted to international applications filed using the PCT-EASY
software. The amended schedule of fees will enter into force on October 17, 2002.
| WIPO Website |
Posted by Rodney Cruise.
Wednesday, 2 October 2002
- GetPat
& GetPat Pro - New Software For Patent Searching
IP Menu has recently been trialling the pre-release version of Alberto
Manservigi GetPat Pro patent searching software. Both Simon and I at IP Menu have been
pleased with the results. The software is Java based and we were running it on
a Win 98SE PC.
Essentially, if you know how to use espacenet then you can easily use GetPat Pro. The fields
available to be searched are the same as espacenet. In fact the system is actually
interogating the espacenet database. You have the option of entering your query in
the normal field format (see below) or, in the Pro version, you can create more complex
queries. Once the search has been executed, the software then proceeds to
download the espacenet records, all fields including abstracts. This may take some
time depending on the size of the results set, but once completed you can scroll through
the records at your leisure using the built in interface. We found this a useful
feature as we were able to run the query and then download the records in the background.
Those records which you think are worth investigating further can be
selected and added to a separate list. Once this separate, filtered list is
compiled, you can then download parts of the patent or the entire specification with
one click. One of the best features of ths software is the ability it has to
identify whether the patent document is actually available on the espacenet servers for
download. If not, it offers you a list of family equivalents which are available.
I believe the software will be available soon with a fully functional trial
version. Pricing has not been announced. As usual, IP
Menu willl keep you informed!
| GetPat
Website |
Posted by Rodney Cruise.
Tuesday, 1 October 2002
- United Kingdom - Designs Search
 The United Kingdom Patents Office now provides two different
ways of searching Design information. You can search the Designs Register to find the full
details of a specified design number, plus images where available. You can also search the
"Images" database which allows you to find images of registered designs, plus
basic registration details. For more information visit the UK Patent Office website here.
| UK Patent Office Website |
Posted by Rodney Cruise.
- WIPO -
National NGOs Gain Observer Status at WIPO
For the first time, the member states of the World Intellectual Property
Organization (WIPO) have admitted national non-governmental organizations (NGOs) as
permanent observers to the Organization. This will enable them to participate in all
substantive discussions at WIPO. The four NGOs that were admitted on Friday are:
- American Intellectual Property Law Association (AIPLA, USA)
- Asociación Nacional de Intérpretes (ANDI, Mexico)
- Associação Brasileira de Emissoras de Rádio e Televisão (ABERT,
Brazil)
- Association Bouregreg (BOUREGREG, Morocco).
WIPO have also admitted an additional intergovernmental organization, namely the South
Centre, and three international NGOs,
- Entidad de Gestión de Derechos de los Producctores Audiovisuales
(EGEDA)
- International Cooperation for Development and Solidarity
(CIDSE)
- International Federation of Wines and Spirits (FIVS).
There are now 168 international NGOs and 63 IGOs accredited as observers to WIPO.
| WIPO Website |
Posted by Rodney Cruise.
- Domain
Names - Release of Generic Domain Names in COM.AU Namespace
 auDA has now completed the auction process for generic com.au
domain names. Of the 3,006 names that were included in the initial process, around 1,370 names were not allocated. This means that
the remaining unallocated generic names will very shortly become available. They will be
listed on the auDA website on Tuesday 1 October 2002 at 11.00am AEST. The names will be
available for registration, on a ‘first come, first served’ basis, on Thursday 3
October 2002 at 11.00am AEST. The normal policy rules and registration process will apply.
To find our more visit the auDA website.
| auDA Website |
Posted by Rodney Cruise.
Monday, 30 September 2002
- International Forum - Protection of computer-related and
business model inventions
 The EPO International Academy
in co-operation with the Max Planck Institute and the European Patent Institute will be
holding an international forum on the protection of computer-related and business model
inventions. The forum will be held from 21 to 22 November 2002 at the European Patent
Office in Munich. Currently there is not much information available on this forum, however
registration forms and contact information is available on the EPO website here.
| EPO Website |
Posted by Rodney Cruise.
- USA - USPTO Fees From 1 October 2002
The United States Patent and Trademark Office has released the new fee schedule
which is effective from 1 October 2002. There has been no changes in the fee amounts,
rather there are now new 4-digit fee codes that appear in the new schedule. To find out
more, visit the USPTO website here.
| USPTO Website |
Posted by Rodney Cruise.
Friday, 27 September 2002
- FICPI -
The International Federation of Intellectual Property Attorneys
FICPI - The International
Federation of Intellectual Property Attorneys will be holding their 7th OPEN Forum in
Prague from 9 to 12 October 2002. I will attending and presenting at this forum and will
be away from my regular IP Menu duties for a couple of weeks. Rest assured that the rest
of our capable team at IP Organisers will ensure IP Menu is kept up-to-date. Technology
and time permitting, I may be able to post from Prague as well.
| FICPI Website |
Posted by Rodney Cruise.
- Australia - Designs - Official Journal Online
 The
Official Designs Journal which is produced by IP Australia contains a range of information
including material on new design applications/registrations. The Designs searchable
journal is an electronic version of the Australian Official Journal of Designs which is
published every fortnight. The information contained in the searchable journal is set out
in a similar manner as the information appearing in the Australian Official Journal of
Designs. To search the journal, visit the IP Australia website here.
The journal is searchable according to the following data:-
Journal details
Volume/Issue Number of a particular journal or range of Volume/Issue Number(s) of journals
Publication date or a range of publication dates
Journal Section - lodgements, extensions of period of registrations, ceasings etc
Design details
Application number(s)
Registration number(s)
Classification code(s)
Keywords - eg name of applicant/owner on those areas of the journal containing text.
| IP Australia Website |
Posted by Rodney Cruise.
- Switzerland -
Designs - International Registration of Industrial Designs
On 11 September 2002, the Government of Switzerland deposited with the
Director General of the World Intellectual Property Organization (WIPO) its instrument of
ratification of the Geneva Act of the Hague Agreement Concerning the International
Registration of Industrial Designs, adopted at Geneva on July 2, 1999. This brings to
seven the number of States that have ratified or acceded to the Geneva Act of the Hague
Agreement (namely Estonia, Iceland, Republic of Moldova, Romania, Slovenia, Switzerland
and Ukraine). The conditions for the entry into force of the Geneva Act, as defined in
Article 28 of the treaty, have however not yet been fulfilled. For more information, click
here.
| WIPO Website |
Posted by Rodney Cruise.
- Australia - Trade Marks - Official Journal Online
The Official Trade Marks Journal which is produced by IP Australia contains a
range of information including material on new trade mark applications/registrations. The
Trade Marks searchable journal is an electronic version of the Australian Official Journal
of Trade Marks which is published every week. The information contained in the searchable
journal is set out in a similar manner as the information appearing in the Australian
Official Journal of Trade Marks. To search the journal, visit the IP Australia website here.
| IP Australia Website |
Posted by Rodney Cruise.
Thursday, 26 September 2002
- WIPO
- 100 Years of Industrial Property Statistics
 WIPO has just published on their website the report "100 Years of Industrial Property Statistics - Synoptic
tables on Patents, Trademarks, Designs, Utility Models and Plant Varieties (1883 -
1982)". The report was produced to mark the centenary of the Paris
Convention in 1983. The data on patents, trademarks and industrial designs are presented
in two sets of tables each: in Table I, the data are arranged according to country; in
Table II, the data are arranged in year order. For each year and each country, the number
of applications filed and grants or registrations made are given when available,
distinguishing, whenever possible, between residents and non-residents. For utility models
and plant varieties, only a table arranged according to country is given.
For more information please visit the WIPO website here.
| WIPO Website |
Posted by Rodney Cruise.
- New
Publications From WIPO
Principles of Copyright (Cases and Materials)
"This publication aims to provide a valuable and practical tool for those
countries where court decisions in the copyright domain are scarce or non-existent -
either because copyright law is a fairly new phenomenon or because legislation has not
been extensively applied. To that effect, this publication examines a carefully selected
number of court decisions illustrating general principles of copyright law, drawn from
common law, civil law and the legislative systems of Arab countries. As the basic
principles illustrated here are to a large extent commonly shared, many of the cases
presented have a wider relevance, going beyond the confines of the legal system of which
they form part".
International Classification of the Figurative Elements of Marks (Vienna
Classification) 5th edition
"The Vienna Classification provides symbols for marks which consist of or contain
figurative elements. It constitutes a hierarchical system that proceeds from the general
to the particular, dividing all figurative elements into categories, divisions and
sections. Explanatory notes have been introduced where appropriate. The classification
comprises a total of 29 categories, 144 divisions and 775 main sections and 1,112
auxiliary sections in which the figurative elements of marks are classified. The Vienna
Classification is continuously revised and a new edition is published every five years.
The fifth edition will be in force on January 1, 2003".
Conference on the International Patent System- CD ROM
"This is a multimedia record of the PCT conference which took place in Geneva on
March 25-27, 2002. The CD includes texts of presentations, photographs, and interviews
with some of the speakers as well as a video of the proceedings."
CD-ROM IP/STATISTICS 1999
"The latest update of this annual CD-ROM contains the industrial property
statistics for the years 1994 to 1999. The information included on the latest CD-ROM
replaces and supplements that included on the earlier CD-ROM issues".
Madrid Agreement Concerning the International Registration of Marks and
Protocol
"Includes the text of the Agreement; the Protocol Relating to the Agreement; and the
Regulations as in force on April 1, 2002".
| WIPO Bookshop Website
|
Posted by Rodney Cruise.
Wednesday, 25 September 2002
- Free Agricultural
Patent Database Now Includes EP, WO, US and AU Patents
CAMBIA Intellectual
Property Resource has recently updated their web site and patent search engine (for
agriculture-related patents). The patent search engine now includes Australian granted
patents (1998-present) with both the front-page and full-text searchable, as well as PDF
downloads. Other available patent databases include: US granted, EP-B granted and PCT (WO)
applications (over 300,000 patents in total). This is an great website with an excellent
interface for searching and presenting patent information. If agricutural patent
information is your interest, make sure you pay CAMBIA a visit.
CAMBIA also publish "White Papers" in the agrotech
area. I note the "Agrobacterium-mediated transformation of
plants" White Paper has been updated by incorporating newly granted patents
and changes in the status of patents on this field up to April 2002. wo new White Papers
have also been added: "South-North trade, intellectual property
jurisdictions and freedom to operate in agricultural research on staple crops"
and "Accessing others people's technology: do non-profit
agencies need it? How to obtain it".
| CAMBIA Website |
Posted by Rodney Cruise.
- PIUG
2002 Conference Videos Reminder - Deadline 30 September 2002
The Patent Information
Users Group (PIUG) 2002 Conference Videos are now available for purchase. The
September 30th order deadline for the PIUG 2002 Conference Video's is rapidly approaching.
If you haven't ordered them yet, please remember that you only have until 30 September
2002. The conference focused on "Pacific Rim Patent Coverage" and had some
excellent presentations regarding Japanese patent information. You even get to see me
speak! You can purchase the set of 9 videos for USD $110.00 by mail(check) or via Secure
Online shopping facility (PayPal). To find out more, visit the PIUG website and click on
the link on the main page.
 Video
Coverage:
- "Pacific Rim Patent Coverage - Patenting Trends and
Technologies", Lora Burgess
- "Patent Intelligence and Mapping",
Anthony Trippe
- "An Introduction to the Chinese Patent System",
Robin Zhao
- "Introduction to the Korean Patent System",
Eun-Hwa Choi
- "Rationalising IP Information Delivery - An Australian
Perspective", Rodney Cruise
- "Outline of Japanese Patent Law",
Shunichi Doi, Visiting Scholar, University of Washington School of Law.
- "An Introduction to the Japanese Patent System",
Irene Schellner, European Patent Office
- "Japanese Patent Information: Where to Find it, How to
Use it", David T. Dickens
- Luncheon featuring Mr. Yoshitaka HIRABAYASHI, Director-General of the Second Patent
Examination Department of the Japanese Patent Office, as a representative of the Japan
Patent Office Commissioner Mr. Kouzo OIKAWA
- "JPO's service and products concerning IP information
dissemination", Mr. Shin UENO, Director of the Patent Information
Promotion Policy Office, Japan Patent Office
- "Pharmaceutical Patents at JPO -Search and Examination
Practices in Pharmaceutical Patent Applications", Ms. Kiyoko TAMURA,
Patent Examiner, Japan Patent Office
- "Patent Information Service in Japan - from the private
sector", Mr. Yutaka Wada, Chairman and CEO PATOLIS Corp.
- "Comparison of International Patent Trends: A Look at
Asian, European and North American Filings", Ron Kaminecki
- "esp@cenet, the view from within",
Graham Day, European Patent Office
- "Internet tools providing professional support to the
patent searcher", Stephen Adams
| PIUG Website |
Posted by Rodney Cruise.
Tuesday, 24 September 2002
- Google
News - New Feature on Popular Search Engine
One of my favourite interenet search engines has added a new (beta)
search feature. This feature allows users to search around 4000 up to the minute news
sources.
 "Google's News Search (BETA) service presents information culled
from many of the world's news sources collected over the previous week. With continuous
updates throughout the day, you'll keep up to date with what's happening now and learn
about the stories that led to the most recent developments.
What's different about Google's News Search is the unique grouping technology Google has
developed to automatically put related stories together in the same search result. This
makes it easy to quickly scan the headlines while providing the option of reading multiple
accounts of a story from different news sources".
To find out more visit the Google
website.
| Google Website |
Posted by Rodney Cruise.
Monday, 23 September 2002
- Trade Marks -
United Kingdom Decisions Online
The United Kingdom has an on-line database containing the summaries of key Trade
Mark decisions. The database summaries include images (where appropriate), details of the
parties, decision result, summary of the key facts, and authorities relied on. Links to
the full text of the decisions is also available in many cases.
To find out more, visit the UK Patent Office website here.
| UK Patent Office
Website |
Posted by Rodney Cruise.
- UK
Patent Office - Mark It! - Issue 5 - September 2002
 The UK Patent Office has just posted Issue 4 (May 2002) of
Mark It! on their website.
In this issue:
- No Representation without Co-operation -
The OHIM and UK Registry shared a stand at this year's INTA conference.
- The Business - A series of reciprocal
training initiatives.
- Evidence Made Easy - A series of half day
seminars on the form and content of evidence before the UK Registry and OHIM.
- Too Close for Comfort - The European Court
of Justice's long awaited judgement on the Philips three headed shaver.
- Signpost - Cleaning Up Our Act, And
Yours...
- A Formal Occasion - Further workshops for
agents' formalities staff announced.
- The Future of Filing - An update on the
latest developments in e-filing.
- Stop Press - Database of Decisions Now
Available On-line.
To read the latest version of Mark It! visit the UK Patent Office here.
| UK Patent Office
Website |
Posted by Rodney Cruise.
Friday, 20 September 2002 |
After considerable delays in enacting relevant legislation, it
has now become possible for the first time to file patent applications in Papua New
Guinea. It is understood patent applications filed in Papua New Guinea will be examined by
the Australian Patent Office (IP Australia). If you are interested in finding out more
about patent filings in Papua New Guinea, please