IP LAW BUGLE

December 2018  | ISSUE 24

TABLE OF CONTENTS:

Global Trends and Issues with Artificial Intelligence and Patents

By: Vincent Bergeron, ROBIC LLP

Lessons From the Lion City: Singapore Shows Why Australia Should Reject the Doctrine of Equivalents

By: Brendan Nugent, Michael Buck IP

Member Firm News

Featured Member Blogs

Current Members of AIPF

Not a Member?

GLOBAL TRENDS AND ISSUES WITH ARTIFICIAL
INTELLIGENCE AND PATENTS

        

By: Vincent Bergeron, ROBIC LLP


According to Adobe’s 2018 Digital Trends report, only 15% of businesses currently use Artificial Intelligence (AI) in their day-to-day operations. However, 31% have stated that they plan to incorporate AI in their daily operations within the next 12 months1. Offering the chance to significantly reduce the human-hours required for a job, such as time spent performing administrative tasks, AI has the potential to revolutionize the way businesses operate across a large spectrum of industries.

In addition to being a buzzword these days, AI is a vast area of computer science that groups several computational techniques, such as machine learning and deep learning, using neural networks. Contrary to popular belief, this field of science has actually existed for a long time. Recent advances in hardware and software capabilities and the ever-increasing quantity of available data to be crunched have led to a massive increase in the development of AI-related technologies in the last few years.

However, the implementation of AI comes with quite a few challenges in the legal field, notably with respect to protecting AI innovation through intellectual property and patents. In Canada, a major challenge to the patenting of AI technologies is how to frame them so that they fit within the definition of an “invention” according to the Canadian Patent Act ...

>> Read More

LESSONS FROM THE LION CITY: SINGAPORE SHOWS WHY AUSTRALIA
SHOULD REJECT THE DOCTRINE OF EQUIVALENTS

By: Brendan Nugent, Michael Buck IP

The 2017 decision of the Supreme Court of the United Kingdom (UK) in the case of Actavis v Lilly1 marked a quantum shift in the patent law of that country. While Australian law has diverged significantly from UK law over the past 40 years, could an Australian Court take a similar approach?

        

The UK Case

The claims of Eli Lilly’s patent define a combination therapy of an anti-cancer agent, pemetrexed, and vitamin B12 which is said to be effective in the treatment of cancer but exhibits reduced toxicity compared to administration of pemetrexed alone. The claims cover only a single and specific salt of pemetrexed, pemetrexed disodium. Actavis developed products containing either pemetrexed diacid or different pemetrexed salts (pemetrexed dipotassium and pemetrexed ditromethamine). In finding that the Actavis products infringed Lilly's patent despite the difference, the Supreme Court effectively introduced...

>> Read More

MEMBER NEWS

Felix Klopmeier Receives Interlaw’s “2018 Interlawyer of the Year” Award

AIPF congratulates Felix Klopmeier, Partner at Lang & Rahmann and AIPF Board Member, on receiving Interlaw’s “2018 Interlawyer of the Year” Award for his leadership of next generation lawyers. For more information, please click here.

Ricardo A. Antequera H. Exposes the Panorama of the Pharmaceutical Industry in the Field of Intellectual Property in Venezuela at the PTMG Annual Conference

Ricardo A. Antequera H, Managing Partner of Antequera Parilli & Rodríguez (AP&R), participated as an exhibitor at the 97th conference of Pharmaceutical Trade Marks Group (PTMG) held in Dubrovnik, Croatia, during the first week of October 2018.

PTMG, a non-profit organization, founded in 1970 in England, is an important association of the pharmaceutical industry that deals –exclusively– with the interests and needs related to IP, on an international... For more information, please click here.

        

Seven Attorneys Recognized by Missouri & Kansas Super Lawyers

AIPF congratulates Adam Seitz, Eric Buresh, Michelle Marriott, Jason Mudd, Marshall Honeyman, Carrie Bader, and Megan Redmond from Erise IP for their recognition as “Super Lawyers” and “Rising Stars” in Thomson Reuter’s Super Lawyers guide. For more information, please click here.

        

FEATURED MEMBER BLOGS

Proper Trademark Protection Begins Before Use and Before USPTO Application: Clearance Search and Analysis

iPelton Blog        

December 3 by Erik Pelton

Patent Strategies for Beta Testing: Leveraging Provisional Patent Applications to Preserve Patent Rights for Beta Features

BoMc’s Patent Counseling Blog

November 7 by Aaron Johnson

Petitioner Should Discuss the Prosecution History of all Relevant Related Patents when Arguing that an Issue was Not Previously Considered by the Office

Patent Office Trials Blog

October 11 by Sughrue Mion PLLC Team

        

Does your firm have a blog? Send your information over to admin@aipf.com to see your blog on our MEMBERS BLOG webpage at aipf.com/memberblogs.

CURRENT MEMBER FIRMS

Advance Partners IP Law Firm | Aird & McBurney LP | Allen Dyer Doppelt Milbrath & Gilchrist, P.A. | Antequera Parilli & Rodriguez | Aperio IP Attorneys | B & R Latin America IP LLC | Backstrom & Co. Attorneys | Barger, Piso & Partner | Batavia Patentservice Asia | Bennet & Philp Lawyers | Bookoff McAndrews PLLC | Breiner & Breiner LLC | Caesar Rivise PC | Cervieri Monsuarez & Asociados | Chofn Intellectual Property | de Chalains | Deeth Williams Wall LLP | Dumont | Elan IP Inc. | Endurance Law Group PLC | Erik M. Pelton & Associates, PLLC | Erise IP | FB Rice | Ferraiuoli LLC | Finnian & Columba | Furgang & Adwar, LLP | Gardner Groff Greenwald & Villanueva, PC | Goudreau Gage Dubuc | Groser & Groser | Guerra IP | Hepworth Browne | Hofbauer Professional Corporation | Hovey Williams LLP | Howard Bernstein | Iberbrand | IPWatchdog | Kelly IP LLP | KETNER Legal Consultancy, Representation and Protection, Ltd. | Kim Winston LLP | Lang Rahmann | Law Firm Tsesmeloglou | Law Office of Karen Dana Oster | Law Office of Albert Wai-Kit Chan PLLC | Letters & Thoo | LSP Partnership | Macpherson Kelley | Magellan IP | Martegani & Partners | MBM Intellectual Property | McClure, Qualey & Rodack | Michael Buck IP | Millman IP Inc. | Mumcuoglu & Ark Patent and Trademark Consultancy | O’Conor & Power | OlarteMoure | PGG | Price Heneveld LLP | ROBIC LLP | Rothwell Figg | Simoes Intellectual Property | Sughrue Mion, PLLC | Thomas/Horstemeyer, LLP | Thrive IP | Triebel IP | Trung Thuc JSC | United Trademark and Patent Services | Valadares Law Professional Corporation| Vanrell IP | Watson Intellectual Property Group, PLC | Worldwide IP Solutions

NOT A MEMBER?

Register at aipf.com/Join-AIPF and join the AIPF today*!

To be eligible for AIPF membership, the applicant law firm must specialize in intellectual property law according to one of the following criteria:

  • At least 50% of the firm’s attorneys are registered to practice before the USPTO or before their home country’s Patent and Trademark Office

OR

  • The firm devotes a majority of its practice to intellectual property law

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