IP rights

This insightful article from LINE Publication features Laurie Self and Holly Fechner as they highlight the progress that is being made to make the patent system as accessible as possible.

Less than 13% of all inventors listed on U.S. patents are women and Black, Indigenous, Latinx, and multiracial Americans account for even less at only 8% of all U.S. inventors. Qualcomm and Invent Together are partnering to try and tackle this inequality, as well as signifying the importance of universities, non-profits and other stakeholders in understanding the diversity gaps and helping to close them.

Click here to read the article

This article from IP scholar Adam Mossoff presents the proposed EU SEP Regulation, which is due to
be released on 26 April by DG GROW.

According to Mossoff, the leaked SEP Regulation would be counterproductive to a range of European
goals, including ongoing innovation in cellular technology and a central role in standardization. He
points out that available evidence suggests that, at best, the SEP Regulation is unnecessary – and
that, at worst, it could stunt innovation and economic growth in the EU in the years to come.

A concern raised by the author is that the EUIPO has no previous patent law experience, yet the SEP
Regulation plans to hand full control of important SEP issues to the EUIPO. The EUIPO would
determine what patents are able to be classed as essential, thus, SEPs, along with the appropriate
royalty rates for licensing such SEPs, in addition to mandating public disclosure of licensing
agreements. Furthermore, it would also be able to prohibit licensing or litigation of SEPs that have
not been confirmed as essential, that have not been registered, or that have set a different royalty
rate for the relevant SEPs.

The author argues that, if adopted, the SEP Regulation would destabilize the global
telecommunications market as well as strongly favouring IP users over innovators.

Furthermore, Mossoff notes that this type of regulation could be advantageous for China, which
could leverage it to continue discriminatory treatment against Western innovators in cellular
technology. Overall, he expresses concern that the new EU SEP Regulation would negatively affect
technological innovation and economic growth in the EU by destroying incentives for SEP owners to
continue investing in R&D and participating in open standardization processes.

Click here to read the full article:

New EU Regulatory Regime for SEPs will Upend Mobile Telecommunications Sector, by Adam
Mossoff, 12 April 2023, IPWatchdog.

For further reading, additional resources about the leaked SEP Regulation include:

The European Commission’s SEP licensing plans are terrible on every level, by Joff Wild, 30 March
2023, IAM.

Exclusive: EU patent body to oversee tech-standard patent royalties – EU draft rule, by Foo Yun
Chee, 28 March 2023, Reuters.

European Commission departs from best practices in hasty preparation of standard-essential patent
policy proposal that is fundamentally flawed and unbalanced, by Florian Mueller, 29 March 2023,
FOSS Patents.

European Commission to propose radical new SEP/FRAND regime with major consequences for
patent owners, by Adam Houldsworth, 29 March 2023, IAM.

European Commission set to give EUIPO responsibility for standard essential patents: big challenges
lie ahead, by Trevor Little, 29 March 2023, World Trademark Review.

Proposed EU SEP regulation will also harm net licensees: implementers of standard-essential patents
must be careful what they wish for, by Florian Mueller, 2 April 2023, FOSS Patents.

The United States Patent and Trademark Office today released a new report, titled “Where are U.S. women patentees? Assessing three decades of growth.” The report examines women’s patenting by U.S. counties from 1990 through 2019. Over that 30-year period, women inventors patented in 411 new counties, an increase of 32% in the number of counties where women patent.

Inclusive innovation ecosystems are a priority for Innovation Council. It is for this reason that we have collaborated with WIPO and Invent Together on preparing these high-level policy panels that will take place on May 31 and June 1.

The event will focus on the importance of designing policies addressing the IP gender gap and engaging women’s participation in the innovation ecosystems of the European region.

Click here for online registration.

On 26 November 2021 the new research report about the role that intellectual property played in the development, manufacturing, and global distribution of COVID-19 vaccines and therapeutics was launched in Geneva. The report was co-authored by Innovation Council’s very own Jennifer Brant, and Prof. Mark Schultz.

The report is available here, along with a slideshow of the research project.

Every April 26, the global IP community marks World Intellectual Property Day to celebrate the role that intellectual property (IP) rights play in encouraging innovation and creativity. This year the theme of World Intellectual Property Day is “IP and Youth: Innovating for a Better Future” and celebrates youth-led ingenuity.

Across the globe, young people are stepping up to meet innovation challenges, using their energy and ingenuity, curiosity, and creativity to steer a course towards a better future. Knowledge about how to secure and manage intellectual property rights can accelerate their efforts. Therefore, Innovation Council has created an infographic featuring IP training programs dedicated to the innovators of the future.

Innovation Council has created a running list of resources on various issues related to Gender and IP, based on work by Morgan Schreur. 

Click here to see the reading list.