From the Desk of JMB: A High Value Business Tool or the Illegitimate Child of IP?

A new Designs Law has just been enacted in Israel, and is due to take effect in about one year from now. The need for a new law has existed for a long time, due to the current system being based on the Patents and Designs Ordinance (‘the Act’) of 1924. To say that this change is well overdue would be a gross understatement.

So what has taken so long? When pondering that question I recall a roundtable discussion that I attended on The Hague System of international design registration. I estimate that this was probably about 8 years ago, at one of the big international conferences, and all present agreed that designs were the “illegitimate child of IP.” If you look at the time it has taken for the IP world at large, to get its act together regarding designs; if you compare how many countries are members of the PCT, Madrid and Hague, respectively; and otherwise consider the huge differences between different jurisdictions when it comes to design rights, it’s hardly surprising that this was – and still is to a large degree – the perception.

(more…)

Continue Reading

1: US Patent Practice Tips

Getting a good patent depends both on what is in the patent application and also how it is written. Getting the what right might be obvious, but getting the how right can save not only headaches, but huge amounts of time and money. So this space, which over the coming months will be devoted to suggestions and strategies for US patenting, will sometimes be devoted to the what (e.g. patentability, invention disclosure, etc.) and sometimes to the how (e.g. USPTO formal requirements, initiatives, etc.). But before we dive into the 'whats' and 'hows' of US patent practice, I'd like to ask other, even more basic, questions: Why do you want to get a US patent? Can your type of technology be patented in 2017? So do you still want a US patent? Then come along, and together we can hopefully answer the 'what' and 'how' questions, and make your patenting experience more successful, and less difficult.

Continue Reading