BC Law IPTF Blog

US Patent and Trademark Office made a new record for the number of software patents awarded in a single year. The agency has issued 893 new patents yesterday, pushing the total to 30,232 in this year.

if this is the trend for registration, more than 40,000 software patents will be issued more in this year, according to the Public Patent Foundation. The previous record was set in 2004.

The post brings up the NTP v. RIM case, where NTP, a patent-farm, sued the maker of the Blackberry for patent infringement. Even though RIM had the patents rejected upon reexamination, RIM eventually settled with NTP for $612.5 M. (NTP has not yet exhausted the appeals process on the USPTO patent reexamination decisions.)

Some followers saw this as a cry for the reexamination of the patent system as a whole, and the rejection of the NTP patents as a firming of the patent-gifting process. But maybe this recent news merely highlights the traditional pace of change in governmental bureaucracies: slow to none.

Hoo-ray.

I found this recently on Bill Heinze’s IP Updates Weekly:

In Amgen, Inc. v. Hoechst Marion Roussel, Inc. (August 8, 2006) the Federal Circuit disagreed with the district court’s construction of “therapeutically effective amount” in claim 1 of the patent …

According to Circuit Judge Schall:

Based on a reading of the claims in light of the specification, it appears that the patentee used the words “therapeutically effective” in order to broadly claim a pharmaceutical composition with a wide range of effects. Those effects do not necessarily include curing disease in humans. … the patentee noted that recombinant EPO, like that found in the claimed invention, “is the first therapeutic product which can be used to effectively treat hundreds of thousands of patients who suffer from anemia and other disorders involving low red blood cell counts.” In our view, this statement merely lists some of the uses of the invention, without restricting the scope of the invention. . . .

The dissenter wrote:

Significantly, I note that the words “therapeutically effective” are conventionally employed in the pharmaceutical arts to indicate that the claimed pharmaceutical product has utility in the treatment of a human disease where such treatment tends to cause the “healing” or “curing” of the disease.

He went on to say that the patent should reference the particular classes of patients for whom the drug would be “therapeutically effective.”

I agree with the majority here, to the extent that they define “therapeutically effective” as not necessarily including “curing.” In my experience in basic science research and its involvement in medicine, “therapeutically effective” generally describes an effect that can be contrasted with treatment with placebo – ie, the amount of the drug that has beneficial effects that proves to be significantly different from effects in patients treated with placebo (an inactive substance).

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“Traditional Knowledge, Genetic Resources, Folklore and Gender was the subject that attracted some 100 participants, mainly women from local indigenous and rural communities, to a two-day seminar held in October in Río Hato, Panama. They came to analyze their problems and successes as producers of traditional handicrafts; to learn which intellectual property (IP) tools could help them protect and market their products; and to benefit from the experiences of other indigenous communities in exploiting IP. With cheap imitations undermining sales of traditional handicrafts, the seminar, organized by WIPO in cooperation with the Industrial Property Registry of Panama and with financing from the Inter-American Development Bank, proved to be a timely event…”

Panama: Empowering Indigenous Women Through a Better Protection and Marketing of Handicrafts

Female empowerment remains an important goal around the world. Education is essential to this goal. Without knowledge of what feats are possible, and how to accomplish those feats, women remain unaware of their potential and without the tools to realize it.

This article reminded me of my personal experiences in western Turkey, where I lived for two years during my early teens while my father worked for NATO. My family came to appreciate Turkish art, including copper and gold pieces, scarves, and carpets. My mother began to collect the carpets as individual pieces of art, as one would paintings, with the goal to represent as many Turkish villages as possible in her collection. The key was that each village incorporated signature characteristics into their carpets, making the work unmistakably identifiable to connaisseurs, or even to young American amateurs like me. These characteristics include particular colors, such as the deep red in a carpet from Yagcibedir; shapes, such as the ubiquitous octagon in rugs from Kars; and knot size, like the very tight knots in Hereke rugs.

My family bought carpets through two very different means. First, we could visit one of our trusted (male) dealers in Izmir, and sip our fresh chi with sugar cubes served as carpet after carpet was tossed on the floor in front of us for our appraisal. While this method was undoubtably the most efficient, we did not realize the value of the carpets and the stories behind them until we learned that we could visit the villages where the carpets were made.

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