Friday Foreign Filing Roundup

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Happy Friday!  As fall rolls in and the days become chillier here in New York City, we have gathered the latest headlines in foreign patent filing news below:

  • Currently, the two most popular venues for filing patent lawsuits are in the District of Delaware and the Eastern District of Texas.  These districts account for 45% of total patent lawsuits, as many believe their procedures are more favorable to plaintiffs.
  • Nebraska Attorney General Jon Bruning recently called out letters sent by a law firm to businesses in his state as deceptive, unfair and coercive.  He has since declared war on patent trolls and publicly stated that “we will not be deterred from protecting Nebraska consumers and businesses by the bully tactics of patent trolling law firms or their clients.”
  • As economies in countries like Brazil, Russia, India, and China boom, this article looks at how these BRIC countries will have a heavier influence over the patent processes in the United States and Europe. 
  • WIPO recently added China’s patent collection to PATENTSCOPE, increasing the database to 34 national and regional patent collections.

Have a great weekend and please be sure to follow us on Twitter @inoviaIP.

Latest Updates from the World Intellectual Property Organization

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I’d like to share some important updates from WIPO’s October PCT Newsletter. Most notably, the WIPO Member States met in late September for the annual PCT Assembly, which was held in Geneva this year. Typically during this time, the Assembly makes amendments to PCT regulations, appoints new International Searching Authorities (ISAs) and International Preliminary Examining Authorities (IPEAs),  and conducts other business related to the PCT system.

The Assembly appointed the State Intellectual Property Service of Ukraine (SIPSU) as an ISA/IPEA under the PCT. This decision will make SIPSU the 19th patent office in the world to be granted this title.  It is unclear when the office will officially begin these operations.

WIPO also released some small, country-specific changes that you should be aware of. It has been noted that all fee changes have already been included in the PCT Fee Tables published in early September:

  • Brazil (BR) – Applicants can now request prioritized examination of their application if they are over 60 years of age and can confirm one of the following: 1) claims in the application are being infringed, or 2) grant of patent is a condition for obtaining funding.
  • Colombia (CO) – Annual patent fees for the 1st to 4th years have changed to COP $206,000 (COP $306,000 in the case of late payment).
  • Croatia (HR) – New requirements have been posted for those who wish to act as an agent before the patent office. Click here and scroll to page 2 for info.
  • Latvia (LV) – The following fees must be paid in euros, beginning on January 1st, 2014: transmittal fee & fee for priority document.
  • Portugal (PT) – Filing/examination fees for patents and utility models have changed as of July 1st. Click here and scroll to page 8.

Finally, the PATENTSCOPE search system now includes PCT national phase information for the following countries: Austria, Cuba, India, New Zealand, and Thailand. The system now covers 48 patent offices. Very exciting!