Posted by ipeg on May 19th, 2013
To invent means to produce or contrive something previously unknown by the use of ingenuity or imagination. An inventor is therefore someone who invents, someone who devises some new process, appliance, machine, or article. When a new product appears, the person who first thought of it, and who first defined what the product should be, is recognised as the inventor. While many people may be involved in building the product and bringing it to market, the innovator is the person who provided the original idea that helped to define and shape...
Posted by ipeg on April 7th, 2013
“Exhaustion,” also known as the “first sale doctrine,” has been the subject of two Supreme Court cases this term: Kirtsaeng v. John Wiley & Sons (copyright), which was decided on March 19, 2013, and Bowman v. Monsanto (patent), which was argued and submitted on February 19, 2013 and is awaiting decision. A prior post discussed Kirtsaeng from the copyright perspective; this post includes some preliminary observations on Kirtsaeng from a mostly patent perspective, and also discusses Bowman.
“International” Exhaustion...
Posted by ipeg on March 16th, 2013
Now European Patent with unitary effect finally got the final blessing, it is time look into some of the details of the EU Regulation “Implementing Enhanced Cooperation in the area of the Creation of Unitary Patent Protection” 1257/2012 (UnitaryPatent Regulation – UPR). We do not mean the unfortunate referral to national law within Art. 5 of the UPR that has previously been called Epic Fail in this blog. Even more interesting is – in particular with respect to a subject we covered many times – “Standardization”...
Posted by ipeg on February 12th, 2013
IP-centric businesses whose shares trade on the public markets come in many shapes and sizes — some are better suited for return than others. Many of the most interesting IP-rich businesses, from an investor perspective, are publicly traded, thinly capitalized companies with experienced management. The best have a realistic view of their IP assets, usually patents, and the timing and cost of their disputes and value of potential licenses. The emergence of public IP-rich companies (PIPCOs) whose shares trade on the global exchanges...