Patent Law Weblog
Category: International IP
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By Junyi Chen — The Supreme Court of Canada in Free World Trust v Électro Santé Inc, 2000 SCC 66 rejected the use of extrinsic documents such as file wrappers (patent prosecution histories) for claim construction, on the basis that allowing such evidence would undermine the public notice function of the claims and increase uncertainty. …
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By Donald Zuhn — Last month, we reported on letters sent by two Senators and fifteen Representatives to the U.S. Trade Representative, seeking clarification regarding the Administration's position on compulsory licenses. The letters were prompted by reports that representatives of the U.S. government may have pressured the Colombian government not to issue a compulsory license…
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By Donald Zuhn — Yesterday, we reported on two letters sent by two Senators and fifteen Representatives to Michael Froman, the U.S. Trade Representative ("USTR"), seeking clarification regarding the Administration's position on compulsory licenses. The letters were prompted by reports that representatives of the U.S. government may have pressured the Colombian government not to issue…
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By Donald Zuhn — Last month, we reported on a letter sent by three Colombian organizations to the Chairman of the World Health Organization (WHO) 2016 Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG), in which the organizations informed the CEWG of resistance to efforts to secure a compulsory license in…
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By Donald Zuhn –- In letter from three Colombian organizations to the Chairman of the World Health Organization (WHO) 2016 Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG) (posted on the info.justice.org blog), the organizations informed the CEWG of efforts to secure a compulsory license for Imatinib, marketed by Novartis as…
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By Kevin E. Noonan — On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and high-quality jobs for the United States, and it is more important than ever to prevent foreign governments and…
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By Donald Zuhn — In a letter sent to members of Congress earlier this month, 58 public health organizations urged Congress to reject the Trans-Pacific Partnership (TPP) in its current form, stating that the coalition was "alarmed by the implications for access to medicines" of the TPP. According to the signatories, the TPP, which was…
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By Claire Gregg & Martin O'Brien — Following the recent public consultation in view of the Australian High Court's decision in D'Arcy v Myriad Genetics ("Myriad"), IP Australia has released new Examination Guidelines for applications which may be affected by the decision. The full Examination Guidelines, which can be found here, apply immediately to pending…
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By Donald Zuhn — After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on patent practitioners and…
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By Donald Zuhn –- The U.S. Patent and Trademark Office (USPTO) announced today that it had launched Dossier Access, the first of a set of business services to be developed as part of the Global Dossier Initiative. The Global Dossier Initiative is a collaborative project of the IP5 Offices — the European Patent Office (EPO),…
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