Posts in International

Report Shows Downward Patent Filing Trend for World’s Most Innovative Companies

On November 16, innovation intelligence firm Patsnap published the results of its 2023 Global Innovation Report, which measures a range of patent metrics to determine the most innovative companies in the world. This year’s Global Innovation 100 listing represents about a quarter of the globe’s entire patent filing activity. The report also includes a Global Disruption 50 listing of actively growing and young companies, reflecting the strength of both the United States and China in emerging technology fields.

EPO Enlarged Board of Appeal Introduces Strong Presumption of Priority Entitlement

The Enlarged Board of Appeal of the European Patent Office (EPO) on October 10 issued its (consolidated) decision G1/22 & G2/22, which promises to significantly reduce priority issues for applicants—U.S.applicants in particular. When the applicants for a European patent application differ from the applicants on the priority application, the EPO employs the well-established “joint applicants approach” to evaluate the priority claim’s validity. For the priority claim to be valid, and assuming there’s been no transfer of the priority right, all applicants of the priority application must also be among the applicants of the subsequent European patent application. The table below outlines various scenarios and indicates whether the priority claim is valid according to the joint applicants approach.

How Brazil is Preparing for the Global Transformation in Connectivity

The world is increasingly connected, and semiconductors are essential to enabling this connectivity. Specialists project the semiconductor market to become a trillion-dollar industry by 2030 (McKinsey & Co., 2022). The term “semiconductors” covers a large amount of embedded technology that is advancing rapidly in its development. Semiconductor companies are highly innovative and rely on innovation to maintain their market share and expansion objectives. An indicator of innovation in this sector is, of course, patents. Of the 10 largest semiconductor companies, according to a ranking published by Investopedia in April 2023, five companies filed between 2,000 to 5,000 patent families between 2019 and 2022

EU SEP Regulation Update: Reenvisaging the European ‘FRANDscape’

On  April 27, 2023, the European Commission published its proposal for how the licensing of standard essential patents (SEPs) should be governed in the EU. The draft regulation states that the initiative aims to incentivize participation by European firms in the standard development process and the broad implementation of such standardized technologies, particularly in IoT industries. The developments are of interest to any business that develops, implements or markets connective technologies.

ITC Report on TRIPS COVID IP Waiver Extension Plays it Safe

The U.S. International Trade Commission (ITC) released a sprawling report on Tuesday analyzing market dynamics surrounding the question of whether to extend the waiver of IP rights for COVID-19 technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to diagnostics and therapeutics. The report stopped short of making any recommendations, but ultimately did not find any definitive evidence that IP rights present a barrier to access in the context of COVID diagnostics and therapeutics. However, it largely amounts to a reiteration of talking points on both sides and seemingly does little to further the debate.

Trader Joe’s Charges Crypto Company with Fraud, Trademark Infringement/Dilution

A trademark lawsuit filed by popular grocery store chain, Trader Joe’s, against a cryptocurrency platform called “Trader Joe”—which the complaint alleges is a deliberate reference to the supermarket—has come to light this week. Trader Joe’s claims that the crypto firm buried its origin story in order to win international litigation over the domain name, Trader Joe’s has offered grocery services under the mark TRADER JOE’S for more than 50 years. According to the lawsuit, a co-founder of the crypto company Trader Joe, going by the handle “cryptofish,” admitted in a Substack publication that the company’s name originally derived from the name of the Trader Joe’s supermarket chain.

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