Japan: JPO Postponing Alternative Dispute Resolution Plans With IoT Difficulties

In 2017, the JPO had been trying to institute a system of Alternative Dispute Resolution (ADR) to force patent owners and prospective licensees to reach positive resolution when negotiations failed. However, the JPO realized that it should hold off on instituting its plans, at least for the time being.

ADR seemed to be a way to remove barriers to business development. On further reflection, though, the JPO recognized that complex, modern-day products and services that require […]

By | February 2nd, 2017 ||

USA: Patent Quality Chat: How Is A USPTO Examiner’s Work Product Reviewed?

In patent prosecution, the feedback loop between interested parties including patent prosecutors, inventors, and in-house counsel helps to provide the best patent applications and office action responses for a high quality issued patent. However, this work product represents only half of the overall patent prosecution effort, since the patent prosecutor works with a patent examiner sitting on the other side at the U.S. Patent and Trademark Office (USPTO). Given that, have you ever wondered […]

By | January 25th, 2017 ||

Claim Against An Ad Broadcast On A Website Accessible In France But Not Targeting The French Audience

On October 18, 2017, the French High court held in clear terms that the access to a website (broadcasting an ad challenged on the ground of copyright infringement and parasitism), within the territory of the court where the lawsuit has been brought, is a sufficient criterion to consider that this court has jurisdiction to assess the alleged infringement/fault.
1. The dispute and the arguments of the defendants
A theater company association, arguing that it holds copyrights […]

By | January 22nd, 2017 ||