What You Need to Know About Seeking Patent Protection Overseas

There was a time when inventors did not have to worry about protecting intellectual property outside their country, largely because products were typically conceived, manufactured and purchased within a circumscribed territory. However, the rise of globalization has changed this. Now, a product produced in one corner of the globe can easily be sold and manufactured all over the world. This new economy presents challenges for patent applicants and/or inventors, one of them being how to ensure that an invention is protected in countries that have easy access to your product or process. The solution lies in filing a patent application in any market-target country — expanding your rights there and making it difficult for competitors to use your products or technology without due authorization.


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Experts discuss IP commercialisation, barriers to domestic innovation at 4th Annual IP Dialogue

Experts and Participants discussed support for intellectual property (IP) commercialization, challenges in fighting the global pandemic, barriers to domestic innovation, and the “next generation” of IP policy discussions in the digital economy at the 4th Annual IP Dialogue.

The US Chamber of Commerce’s Global Innovation Policy Center (GIPC) and US India Business Council, in partnership with the Federation of Indian Chambers of Commerce and Industry (FICCI), virtually convened government and industry leaders for the final session of its 4th annual IP Dialogue. Although the global pandemic continues to affect millions, this year’s dialogue proved to be incredibly impactful, with IP playing such a key role in efforts to study and combat the ongoing global pandemic.

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What it would mean for big Pharma if Vaccine IP Rights are waived

With COVID-19 vaccination rollouts in low-income countries still lagging far behind those in rich ones, a group of nations continues to push its proposal at the World Trade Organization to lift intellectual property protections for makers of the vaccines. Supporters of the waiver say the spread of the latest coronavirus variant, omicron, brings greater urgency to the need to speed production of vaccines in the developing world. Vaccine makers and other critics of the waiver say it undermines the incentives that led to the rapid development of the vaccines and wouldn’t have any practical effect.

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How Technology is Reshaping the IP Management Industry

There’s hardly any area in entrepreneurship today that deals with innovation more than intellectual property rights protection – in fact, cutting-edge technology and inventions are at the core of the IP industry. However, this doesn’t necessarily mean that the real-life practices, processes, and management in the industry are as technologically advanced – it’s actually quite the contrary, or, at least, has been until recently. Following the footsteps of tech and service companies, the IP management market has also been exposed to global digitization and automation trends.

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Protecting U.S. Intellectual Property & Innovation Leadership: December 16, 2021

American innovation leadership rests on a foundation of rewarding breakthroughs through patents and intellectual property protections. The protections provide the incentives that encourage innovators to invest in R&D and create new technologies while also allowing U.S. innovators and companies to lead in setting global technology standards. Now, facing threats to our national security and economic prosperity, it is more important than ever to ensure U.S. technology leadership, protect our vital intellectual property, and set the standards for future critical technologies.

Join the discussion on Thursday, 16 December, 2.00 – 3.00 PM ET and register here.

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Brazilian Patent Law Changes to Patent Term

Innovation Council is monitoring changes to the Brazilian Patent Law. The recent Supreme Court ruling, published on May 12, 2021, finding that the sole paragraph of Article 40 of the Brazilian IP Law, which granted a minimum patent term of 10 years from grant, was unconstitutional, has significant implications for patents related to pharmaceutical products and processes, as well as equipment and processes related to healthcare that were granted prior to May 12, 2021. Unlike all other patents granted prior to May 12, 2021, those excepted patents lose the benefit of a minimum patent term of 10 years from grant, and they will expire 20 years from their filing dates. All patents granted after May 12, 2021, will expire 20 years after their filing dates. Delays in the examination of patent applications and the grant of patents after more than 10 years from the filing dates will result in lesser terms of enforcement from those that were entitled to a minimum term of 10 years from grant.

Although the average pendency of patent applications is being steadily reduced by INPI, Brazilian patent applicants should take advantage of procedures implemented by INPI to accelerate the grant of patents and to maximize the term of enforcement of the patent. From an innovator perspective, the Brazilian legislature would do well to accelerate passage of the pending bill, which provides for extension of the patent term in the case of unreasonable delays in examination by INPI.

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Unprecedented: The Rapid Innovation Response to COVID-19 and the Role of Intellectual Property

On 26 November 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, along with other materials including an executive summary is available here.

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Addressing the IP Gender Gap

This series of virtual events will take a look at the IP gender gap in the Americas region. Political leaders, heads of IP offices, economists, and scholars will discuss how best to attract underrepresented groups to use the patent system, what data needs to be collected in order to understand the gap, and how to interpret new and existing data in order to develop solutions that will help close the gap.

The High-Level Policy panel will take place on 13 October, 5:30-6:30pm CET // 11:30am-12:30pm EDT // 8:30-9:30am PDT.

The IP Economist panel will take place on 14 October, 5-7pm CET // 11am-1pm EDT // 8-10am PDT.

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Lack of diversity in patent holders means ‘half of the population’ isn’t getting needs met, economist Lisa Cook says

Diversity gaps in the U.S. patent system persist, in part, because of an absence of data on patent applicants. This lack of transparency has meant that patent holders are predominantly white, male and wealthy.

A recent study found that women, especially African-American and Latina women, obtain patents at significantly lower rates than men; people of color get approved for patents less often than white people; and individuals from lower-income families are less likely to acquire a patent than those who grew up in affluent families.

“Throughout history, women and underrepresented minorities have not been able to participate fully in each stage of the innovation process,” Lisa Cook, a professor of economics and international relations at Michigan State University. 

The inclusion of these underrepresented groups would evidently also have a positive impact on the economy and would increase U.S. GDP by 2.7% per capita, and by roughly $1 trillion annually. The economic activity from patents is estimated to be over $8 trillion, more than one-third of U.S gross domestic product. 

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