Other Barks & Bites for Friday, March 3: USPTO and NOAA Announce Green Tech Collaboration; Genentech Sues Biogen for Patent Royalty Payments; $50 Billion Made Available to U.S. Semiconductor Manufacturers

Bite (noun): more meaty news to sink your teeth into.

Bark (noun): peripheral noise worth your attention.

BarksThis week in Other Barks & Bites: the World Intellectual Property Organization (WIPO) announced a record year for Patent Cooperation Treaty (PCT) applications; the United States Patent and Trademark Office (USPTO) switches over to electronic patent grants; the federal CHIPS Program Office is now accepting applications for around $50 billion in funding for semiconductor manufacturing and research.

Bites

USPTO Announces Final Rule Requiring Electronic Filing of PTE Applications

On Thursday, March 2, the USPTO announced a final rule that requires the electronic filing of patent term extension applications. The new rule applies to patent term extension (PTE) applications, interim PTE applications, and any PTE-related submissions, which now must be submitted through the  USPTO patent electronic filing system. The USPTO said this new final rule will reduce the administrative burden on applicants and further advances the organization’s new IT strategy.

WIPO Announces Modest Growth and Record Year for PCT Applications

On Tuesday, February 28, WIPO announced that patent filings reached a record high worldwide in 2022. The number of patents filed under WIPO’s Patent Cooperation Treaty (PCT) increased by 0.3% in 2022, reaching 278,000. India was the fastest-growing country with a 25.4% increase. While it was a record year for patent filings under the PCT, the WIPO said, “the overall modest growth rate reflects the challenging economic conditions prevailing in 2022.” Asia was the region with the most international patent applications with 54.7%, a considerable increase from 40.3% in 2012. Chinese telecom company Huawei held its top spot for PCT applications with 7,689 in 2022.

NOAA and USPTO Announce Joint Program to Advance Green Technology

On Tuesday, February 28, the National Oceanic and Atmospheric Administration (NOAA) and the UPSTO announced a collaborative program to promote innovation of green technology. The work-sharing program’s main focus is on the cross-section of intellectual property and climate technologies. The new agencies will exchange employees over the next year to improve the cooperation between the two organizations. USPTO employees will be working at NOAA to help researchers understand the importance of protecting IP rights. “I am thrilled to be working hand-in-hand with NOAA, our sister agency, to promote intellectual property protection for the agency’s climate innovations so these innovations can reach the market and solve problems,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO.

Genentech Files Lawsuit Against Biogen for Patent License Royalties

On Tuesday, February 28, Genentech filed a lawsuit in a California district court alleging that biotech company Biogen owes the company royalty payments due to a patent licensing agreement. Genentech accused Biogen of breaching a patent licensing agreement related to the MS drug Tysabri. The dispute stems from a 2004 licensing agreement between the two companies that allowed Biogen to produce the drug free from claims that it infringed on one of Genentech’s patented drugs in exchange for a “modest royalty.” Genentech’s patent expired four years ago, and a dispute arose around the final royalty payments.

Barks

ITC Announces Investigation into Infringement of Golf Club Patent

On Friday, March 3, the United States International Trade Commission (ITC) announced the launch of an investigation into the importation into the United States of certain universal golf club shaft and golf club head connection adaptors that allegedly infringe on a U.S. patent owner. Arizona-based Club-Conex filed a complaint in February asking the ITC to investigate the potential infringement of U.S. Patent No. 11,426,638.

USPTO Increases Several PCT Fees

On Wednesday, March 1, the USPTO updated its fee schedule for Patent Cooperation Treaty (PCT) fees. All of the announced fee changes were increases including a variety of international filing fees, international search fees, and handling fees. Several international filing fees increased by around $100 including the 1701: International filing fee from $1,245 to $1,327 and an international search fee for the Japan Patent Office from $1,167 to $1,277.

Bogus Copyright Complaints Cause Investigative Reporting to be Temporarily Removed

On Wednesday, March 1, the Organized Crime and Corruption Reporting Project (OCCRP) reported that fake copyright claims have been used to take down articles about a government minister from Equatorial Guinea. The articles were removed for weeks at a time after the copyright complaints were made under the U.S. Digital Millennium Copyright Act (DMCA). Some claims were submitted by fake identities using fake articles to strike down the articles. The copyright complaints were submitted to Cloudflare and Google.

U.S. Government Opens Application Period for $50 Billion in Semiconductor Funds

On Tuesday, February 28, the federal CHIPS Program Office opened the application process for $50 billion in funding available in manufacturing incentives and research intended to bolster domestic production of semiconductors.  Chair of the Senate Commerce Committee Senator Maria Cantwell (D-Washington), said “these investments will pay off by creating 280,000 jobs, helping to protect consumers from price hikes caused by chip shortages, and giving industries from agriculture to aviation the tech they need to be more competitive overseas.” The funding is part of a larger plan attempting to reduce the United State’s dependence on semiconductor production in Taiwan.

USPTO Announces Electronic Patent Program Start Date

On Monday, February 27, the USPTO announced that starting April 18, 2023, the office will begin issuing electronic patent grants (eGrants) in an effort to reduce paper waste. The new process will result in patent recipients receiving the official copy of the patent electronically as well as the option to receive a bound paper version as a ceremonial copy for a fee. The agency expects to save $2 million in printing and mailing fees as a result of the new program.

This Week on Wall Street

On Wednesday, March 1, pharmaceutical company Eli Lilly announced it plans to cut insulin prices by 70% and cap insulin out-of-pocket costs at $35. The announcement comes after the company faced widespread criticism for driving up the price of insulin which caused many Americans with diabetes to ration their medication, which can lead to injury or death. According to Human Rights Watch, when adjusted for inflation Eli Lilly increased their price for insulin from 680% from 1996 to 2018.

Senator Announces Vote to Subpoena Starbucks CEO

On Wednesday, March 1, Senator Bernie Sanders (I-Vermont), chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee announced that the committee would hold a vote next week to subpoena Starbucks CEO Howard Schultz about the company’s lack of compliance with federal labor laws. Starbucks employees across the country have been holding unionization efforts, and Starbucks has been accused of intimidating employees. “The National Labor Relations Board (NLRB) has filed over 75 complaints against Starbucks for violating federal labor law and there have been over 500 unfair labor practice charges lodged against his company,” said Senator Sanders in a statement.

 

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Author: Patryk_Kosmider

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One comment so far.

  • [Avatar for Pro Say]
    Pro Say
    March 3, 2023 06:58 pm

    “I am thrilled to be working hand-in-hand with NOAA, our sister agency, to promote intellectual property protection for the agency’s climate innovations so these innovations can reach the market and solve problems,” *

    — Director Vidal

    *subject of course to the revocation by our very own Death Squad PTAB of any patents you obtain for your innovations. (’cause that’s what sisters do!)