Patents Online Business Newsletter - Volume 1 - Issue No. 4


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Patents Online Business Newsletter December, 1999 - Volume No. 1 Issue No. 4
AU IP Australia - Patents, Trade Marks & Designs
     NewsNews & Events
     NewsPress Releases 1999
EU European Patent Office
     NewsNews and updates
US US Patent and Trademark Office
     NewsPress Releases
JP The Japanese Patent Office (JPO)
     NewsPress Releases
DE The German Patent Office
UK The UK Patent Office
CA The Canadian Intellectual Property Office
     NewsWhat's New
FR The National Institute of Intellectual Property
     NewsNews (in French)
CN The Patent Office of the People's Republic of China
     NewsWhat's New!
NZ The Intellectual Property Office of New Zealand
     NewsWhat's New
DK The Danish Patent Office

When Does Patent Infringement Become Unfair Competition?

The patent owner will normally charge that the other party has infringed the patent by using it without license. The patent owner will probably seek to collect monetary damages and ask for an injunction against further infringement. The party adverse to the patent may defend on the grounds that: the claims of the patent are not followed; prior art instead of the patent is used; the patent is invalid because the claimed invention is disclosed in the prior art or is made obvious by the prior art; or that he or she is entitled to a license.
( for more info. ...)

Injunctions in Patent Infringement Cases

The issuance of a preliminary injunction is an extraordinary remedy to be used only to preserve the existing state of things between the parties. Generally, courts have set forth four requirements for granting a preliminary injunction:

  • The plaintiff has demonstrated a reasonable likelihood of success on the merits of the case (i.e., that the patent in issue is valid and infringed).
  • The plaintiff will be irreparably harmed if the injunction is not issued.
  • The threatened harm to the plaintiff outweighs the harm the injunction may inflict on the defendant.
  • The injunction will serve the public interest.
( for more info. ...)

News - Headlines...

  • Australian Designs Data Searching.
    As part of its improved service delivery IP Australia has made data on designs available on the Internet. Australian Designs Data Searching (ADDS) is a new means to search applications for design registration and registered designs.
    (The data coverage is of all applications and registrations from 1986 and all registrations captured from 1973 to 1985 that were still active in 1985.)
    ( more...)

  • Y2K inside WIPO.
    WIPO's top management considers the Y2K problem to be a strategic issue. That's why the various bodies dealing with Y2K inside WIPO were unified in the Y2K Task Force. A study was conducted amongst various collaborators within the PCT system. The aim was to determine whether those numbers containing two digits for the year should be modified to show four digits for the year. The outcome was a decision to keep the current format for each of these numbers. Conversely, growth rather than the Y2K problem has forced us to review the sequence number components in these numbers. Should the format of any of them change, the PCT community will be given as long warning period as possible.
    ( more...)

  • Patents Searching Japanese Patent Numbers.
    Searching with Japanese patent document numbers is not an easy task. Most likely, the number is all the information you have. Secondary information, such as an inventor or assignee name, is either unavailable or in Japanese. Frequently, when you have searched, you've found records that are unrelated. In a nutshell, this difficulty stems from the fact that inventions filed in Japan move through several levels of publication before eventually being published as a patent, and with each publication, the Japanese Patent Office assigns a different number based on their Year of the Emperor and not the Western Year (Gregorian Calander).
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  • One of the busiest American inventors...
    Jerome Lemelson (1923-1997) was granted over 500 patents for his inventions, making him one of the busiest American inventors in history. His patents cover important parts of many common products like the VCR, fax machine, camcorder, portable radios, cordless phone, robots and word processing systems.
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  • Mobile Phone Radiation...
    Hitachi, Ericsson and Alcatel are patenting new devices to reduce radiation dosage to users. These patents state that the innovations are "for health reasons" and creating "safe distances" between radiation systems. These patents expose companies to lawsuits by seeming to admit that there is a health issue. The industry is worth 14 billion a year to the UK economy. there are more than 200 million users world-wide, rising to perhaps a billion by 2005.
    ( more...)

  • Trademark Infringement.
    Americans are brand conscious. More than 90 percent of all products sold in America are branded goods and more than $ 11 0 billion is spent in advertising to create and maintain brand images for those products and services. The reason: consumers buy-ing habits are tied to how they think and feel about a brand.
    ( more...)

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