US Risks Losing Advanced Technology Edge to China

Two patent stamps with the text patent pending

At the 14th National People’s Congress held in Beijing earlier this month, China put forth a number of proposals aimed at giving them strategic advantages in key advanced technology areas like semiconductor manufacturing. China’s increasing prioritization of intellectual property (IP) protections poses potential challenges. As the top patent filer globally, China is amassing substantial IP […]

The Impact of Weakened US IP Rights on High-Tech Innovation

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The United States is facing weakened US IP rights which will impact high-tech innovation. America’s high-tech industries have benefited from a robust system of intellectual property (IP) rights. This has led the US to become a global leader in software, biotechnology and artificial intelligence. Due to a series of Supreme Court decisions starting eleven years […]

The Patent Trial and Appeal Board Needs Patent Reform

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Experts believe the Patent Trial and Appeal Board (PTAB) is in need of patent reform. Big Tech companies have used the US Patent and Trademark Office’s (USPTO) and the PTAB the most, filing hundreds of petitions challenging the patents of smaller innovators since the PTAB was established in 2011. Big Tech infringers like the PTAB […]

EC’s SEP Proposal Undermines Open Innovation

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Experts believe the European Commission’s SEP proposal undermines innovation. Patrick McCutcheon, managing director of IP Europe, a coalition of R&D-intensive organizations whose inventions are protected by patents, has said the European Commission’s (EC’s) standard-essential patents (SEPs) proposal not only threatens the business models of IP Europe’s members, which include Nokia, Ericsson, and Orange, but “the […]

EC’s New Proposal for Standard Essential Patent Licensing

Patent law book and gavel on a desk

The European Commission (EC) proposed a new regulation for standard essential patent licensing on April 27, 2023. According to the commission, the new regulation is necessary to make available detailed information on standard essential patents (SEPs) and existing fair, reasonable, and non-discriminatory (FRAND) terms and conditions―to facilitate licensing negotiations, raise awareness of SEP licensing in […]

Comparative Analysis of US and EU Approach to SEP Royalties

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It is important to understand how the United States and European Union approach SEP royalties. Increasingly, courts are being asked to resolve disputes concerning the appropriate and equitable royalty rates, designated as fair, reasonable, and nondiscriminatory (FRAND), that owners of patents essential to industry standards, known as standard essential patents (SEPs), can levy on manufacturers […]

Transforming the Patent System to Promote Innovation

Transforming the Patent System to Promote Innovation

The Fatty Fish Editorial Team examines expert calls for transforming the US Patent System to promote innovation by reducing its complexities, reducing patent troll litigation and simplifying the process surrounding patent application, a lengthy and expensive process can discourage inventors, particularly those with limited resources, from pursuing their ideas.

PREVAIL Act and Its Potential Effects to Enhance Patent Fairness

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The Patent Trial and Appeal Board (PTAB), a decision-making body located within the US Patent and Trademark Office (USPTO), is responsible for reviewing and resolving appeals brought against the rulings of patent examiners, as well as determining the validity of patents that have been challenged by third parties through post-grant proceedings. The PTAB is composed […]

Overcoming Patent Quantity-Driven Mindset in US Companies

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Experts recommend US companies overcome their patent quantity over quality mindset when it comes to patents and innovation. For many companies, the extent of groundbreaking innovation is often demonstrated through the acquisition of patents. Evaluating research productivity typically involves assessing the number of inventions that have originated from a company’s research and development (R&D) capabilities, […]

The State of Asian Patents and Innovation

The State of Asian Patents and Innovation

The Fatty Fish Editorial Team explores the state of Asian patents and innovation as 66% of the global patents in 2020 were filed in Asia, China has laid out a five-year intellectual property plan with the goal of being the high-value patent global leader, while the U.S. has introduced their SEPs to promote technology innovation.