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Correcting Inaccurate Chemical Formulas in Issued Patents Based upon Later Discoveries

Nobel laureate Frank Wilczek said, “If you don’t make mistakes, you’re not working on hard enough problems. And that’s a big mistake.” Because inventions often address difficult problems on the forefront of technology, some mistakes are inevitable. F...

ASPEC Enhances Access to ASEAN

According to statistics, the ASEAN region is the third-largest market and the third-fastest growing region in the world after China and India from 2000 to 2013, with a real gross domestic product (GDP) growth of 5.1%.

Brief Introduction to Application of Doctrine of Estoppel in China

Under the doctrine of estoppel (DOE), a patentee may not recapture in patent litigation what was abandoned through either amendment or observation during prosecution or patent invalidation proceedings.

Success Story Turns Bleak for Compulsory License: A Report

What are the compulsory license proceedings of Lee Pharma for saxagliptin?

The Importance of Filing a Patent Owner’s Preliminary Response in an Inter Partes Review

It can be a jarring experience for any US patent owner. One day, out of the clear blue sky, a Petition for Inter Partes Review (IPR) arrives on your desk alleging that at least one of your patent claims is invalid as being anticipated or obvious over...

Mandatory Non-extendable Deadlines in Thailand

In July 2015, the Department of Intellectual Property (DIP) of Thailand imposed non-extendable deadlines relating to the prosecution and registration of intellectual property rights.

Defining Patent Utility: Potential of a Patent or Commercial Viability of the Patented Product?

How much utility is sufficient to satisfy patent law requirements?

Different Rights, Different Causes of Action

Malaysia's Federal Court recently, in the case between the National Sports Council (NSC) and Mesuma Sports Sdn Bhd (Mesuma), clarified the position as regards the requisites needed in determining the common law ownership rights in source identifiers.

Exclusive License Patentee Receiving No Royalties Found to Have No Standing in Patent Infringement C...

Patentees must receive royalties to sue for infringement.

Fallout from the 'Reasonable Certainty' Standard for Indefiniteness

Well-established law provided that a claim was only invalid on indefiniteness grounds pursuant to 35 U.S.C. § 112, second paragraph, if it was not “amenable to construction” or “insolubly ambiguous.” Exxon Research & Eng’g Co. v. United States, 265 F...

Understanding Patent Abandonment Rules in Indonesia

When a patent owner desires to abandon a patent, usually they simply do so by non-action, i.e. by stopping payment of the annuity fees. However, the same may not be true in Indonesia, and this has now become one of the most debated subjects among IP...

Anton Piller Orders: Safeguards to Prevent Excesses

Anime, Manga, and the Trans- Pacific Partnership: Will Fan Works Be Spirited Away by TPP Copyright R...

Arguably, the anime and manga industry is itself borne of copyright infringement: fans mash-up anime images with music in elaborate videos; trade in ad hoc translations; create unlicensed fanart; and dress up for live action cosplay. A thriving douji...

Indonesia: Nakamichi Evens the Score Against Infringers

Andy Najanurdin manufactures and trades in fabrics using the Nakamichi brand throughout Indonesia. In 2004, he registered the mark NAKAMICHI under IDM000068148 for goods in Class 24. He has built his reputation over the years by maintaining the excel...

AFCP 2.0 Worth Considering

For many applicants, after-final practice is one of the most confusing aspects of the patent prosecution process. Once a final office action has been issued, examiners have a great deal of discretion regarding whether to grant interviews, consider an...