De l’European IPR Helpdesk: Intellectual property considerations for medical devices
Archive for the ‘News’ Category
Voir le lien suivant: http://www.pijip.org/non-sdo-patent-commitments/
Des brevets de Disney, Lucasfilms entre autres à voir ici: http://www.uspto.gov/inventors/independent/eye/201404/index.jsp#ieye-article3
Un lien à transmettre à vos contacts dans le domaine des sciences de la vie ou appareils médicaux
E-learning courses on commercialising research in the health sector: http://cordis.europa.eu/news/rcn/36408_en.html
(Il y a des produits pour les agents de brevets (non-“attorneys”) à la fin de la liste…)
Le 5 novembre, une date d’anniversaire avec une leçon sur comment un agent de brevet décrirait une voitureNovember 5, 2013
Extrait de: http://financialservicesinc.ubs.com/staticfiles/faw/adobe/all/cashin_comments.pdf
(en date du 5 novembre- le fichier ne sera plus là demain)
Mais voici le brevet discuté ci-dessous:https://www.google.com/patents/US549160
1. The combination with a road-locomotive, provided with
suitable running gear including a propelling wheel and steering
mechanism, of a liquid hydrocarbon gas-engine of the compression
type, comprising one or more power cylinders, a suitable
liquid-fuel receptacle, a power shaft connected with and arranged
to run faster than the propelling wheel, an intermediate clutch or
disconnecting device and a suitable carriage body adapted to the
conveyance of persons or goods, substantially as
Extrait de l’article d’Art Cashin:
An Encore Presentation
On this day in 1895, a patent was issued to George B. Selden. It
was the kind of patent mere mortals could only dream of. It ranked
at or above those granted for the telephone or the electric light.
What was it that Selden had invented that was so great – – it was
the automobile – – only Selden didn’t invent it.
Selden was a clever chap who had noticed the products being
produced by the Duryea Brothers and Ransom Olds, in the preceding
two decades. He had even read of the work of Karl Benz in
Since he was a patent attorney, he devised a broad based patent to
cover all future automobiles. As the 1900’s began, autos began to
sell. Selden grabbed some Wall Street buddies and began to sue the
early producers. Each one caved and Selden’s Association of
Licensed Automobile Manufacturers began to get a royalty from
In 1903, a guy named Henry Ford applied for membership. Hoping to
up the ante, they turned Ford down. Ford (my hero – – he once said
the role of your body is to carry your brain around) choose to keep
making cars. For six years, they fought in Federal Court. Then a
judge said Selden’s patent was valid. The effect was electric.
Everybody, including GM, decided to pay. Selden and the Wall Street
types, sensing billions, magnanimously offered to let Mr. Ford pay
at the old rate.
Ford told them where to place their offer and took them to Appeals
Court, claiming the patent was too broad and counterclaiming they
owned him and other damages. Two years later a judge with a sense
of humor and a way with words held that Ford was right. Knowing
when to cut and run (and save damages), the Selden/Wall Street
Crowd puppied up. The automobile business was wide open and Ford
became a multi-billionaire.
To celebrate pull in to the Pierce Arrow Drive-In Tavern and
winterize with as much anti-freeze as you like. But don’t put both
feet on the running board.
Résumé de Justia.com:
Court: U.S. 9th Circuit Court of Appeals
Docket: 11-15605 Opinion Date: July 16, 2013
Areas of Law: Intellectual Property, Patents
Plaintiff sued Marvel for patent infringement and breach of contract, claiming that it had used his ideas in developing a Spider-Man role-playing toy called the "Web Blaster" without compensating him. The parties subsequently agreed to settle the case while appeals were pending and executed a Settlement Agreement. Thereafter, Marvel entered into a licensing agreement with Hasbro giving it the right to produce the Web Blaster. At issue was the calculation of royalties for subsequent iterations of the Web Blaster. The court joined its sister circuits in holding, pursuant to Brulotte v. Thys Co., that a so-called "hybrid" licensing agreement encompassing inseparable patent and non-patent rights was unenforceable beyond the expiration date of the underlying patent, unless the agreement provided a discounted rate for the non-patent rights or some other clear indication that the royalty at issue was in no way subject to patent leverage. Accordingly, the court affirmed the district court’s grant of summary judgment in favor of Marvel, concluding that plaintiff could not recover royalties under the Settlement Agreement beyond the expiration date of the patent at issue.
Un extrait intéressant d’un site décrivant l’histoire de Xerox http://www.fujixerox.co.nz/library/1b6cfab0-96d3-4f00-9f3a-9568c5372d64.cmr :
Upon graduating from high school, Carlson worked his way through a nearby junior college where he majored in chemistry. He then entered California Institute of Technology, and was graduated in two years with a degree in physics.
More problems faced Carlson as he entered a job market shattered by the developing Depression. He applied to eighty-two firms, and received only two replies before landing a $35-a-week job as a research engineer at Bell Telephone Laboratories in New York City. As the Depression deepened, he was laid off at Bell, worked briefly for a patent attorney, and then secured a position with the electronics firm of PR. Mallory & Co. While there, he studied law at night, earning a law degree from New York Law School. Carlson was eventually promoted to manager of Mallory’s patent department.
“I had my job,” he recalled, “but I didn’t think I was getting ahead very fast. I was just living from hand to mouth, and I had just gotten married. It was kind of a struggle, so I thought the possibility of making an invention might kill two birds with one stone: It would be a chance to do the world some good and also a chance to do myself some good.”
As he worked at his job, Carlson noted that there never seemed to be enough carbon copies of patent specifications, and there seemed to be no quick or practical way of getting more. The choices were limited to sending for expensive photo copies, or having the documents retyped and then reread for errors.
A thought occurred to him: Offices might benefit from a device that would accept a document and make copies of it in seconds. For many months Carlson spent his evenings at the New York Public Library reading all he could about imaging processes. He decided immediately not to research in the area of conventional photography, where light is an agent for chemical change, because that phenomenon was already being exhaustively explored in research labs of large corporations.
Ce qui a mené au brevet suivant : http://www.google.com/patents/US2297691 et au développement de la compagnie Xerox, etc. (Voir le premier lien pour l’histoire complète)
Articles repérés cette semaine:
-Dessins industriels US: bientôt valables pendant 15 ans + changement sur le minimum requis pour avoir une date de dépôt US : revendications ne sont plus nécessaires - http://www.patentlyo.com/patent/2012/12/mark-up-and-commentary-on-the-patent-law-treaties-implementation-act-of-2012.html
- New free chemical patent search tool: www.Surechem.com
-Infos sur brevet unitaire en Europe :
- The EU has a new unitary patent
- Advocate General proposes to dismiss Spain and Italy unitary patent complaint
-Factsheet on Alternative Dispute Resolution (ADR) Mechanisms Alternative Dispute Resolution (ADR) Mechanisms
-IP E-learning tools for SMEs – To access this tool, please click here
-“Agreeing a Price for Intellectual Property Rights” Booklet; to freely download the booklet, click here.
Wenzel Downhole Tools Ltd v National-Oilwell Canada Ltd 2011 FC 1323, 98 CPR(4th) 155, Snider J
L’extrait pertinent du test:
The first branch of the test is disclosure. The question of disclosure raises three distinct sub-issues:
Sondage: Réputation de la Chine en matière de protection de la PI-taux net de satisfaction de 20% comparé à 60% pour les États-UnisDecember 5, 2011
Voir les résultats de sondage effectué par le cabinet Allen & Overy auprès de compagnies multinationales
Le groupe produit également une carte interactive intéressante au niveau mondial: investment perspectives
Article intéressant sur comment les brevetés d’origine chinoise sont favorisés lors de litiges en ChineNovember 21, 2011
Un article référé par mon père de 84 ans :)
L’article a aussi des références intéressantes sur les chances de gagner en litige pour les brevetés en Allemagne, UK, etc.
Confirmation sur le site de l’OMPI: http://www.wipo.int/
Pour votre culture générale: le USPTO est passé au feu qqes fois également: http://www.uspto.gov/web/offices/ac/ahrpa/opa/kids/special/1836fire.htm
(et a causé une renumérotation des brevets suite à un des plus grands feux)