The World Intellectual Property Organisation (WIPO) has recently issued a report summarising IP facts and figures for 2018. For this blog, we’ve picked out some interesting statistics from the data on patents. Record numbers of patent applications are being filed 2018 saw the number of new patent applications being filed in a calendar year exceed 3.3 million for the first time. This is an increase of 5.2% over 2017 and it is the ninth straight annual increase.
Insights: patent infringement
On Wednesday 15th January 2020, US president Donald Trump and Chinese vice-premier Liu He signed an economic and trade agreement which Mr Trump described as “the biggest deal anybody has even seen”. The deal promises to be the first phase of a larger new trade agreement between the US and China, signifying a de-escalation in their trade war – at least for now. Intellectual property (IP) was one of the main points of contention during the trade talks and thus it is perhaps unsurprising that IP matters are addressed in the first chapter. Of particular interest to those in the pharmaceutical sector will be Sections C and D of Chapter 1, which outline China’s commitment to improving protection and enforcement of pharmaceutical related patent rights. Sceptics will argue that these provisions simply represent a long overdue pledge by China to align its patent system with the US and other Western states, with no guarantee that they will actually implement or enforce the provisions of the agreement. However, in my view the deal appears to represent China’s willingness to do more to protect pharmaceutical patent rights and contains provisions that (if properly implemented and enforced) could significantly increase the value of drug related patents in China.
Amazon.com has introduced a new non-profit procedure that allows patent owners to take down listings of infringing goods. Amazon’s Utility Patent Neutral Evaluation Program lets owners of a US utility patent obtain a quick evaluation of patent infringement from a US patent attorney. If the attorney agrees that the item being sold in the product listing infringes the patent, and the patent is prima facie valid, then Amazon will remove the product listing from Amazon.com.
This English high court decision relates to the question of infringement of a US patent. At first sight this may seem a little odd – why is an English court deciding on a matter of US patent infringement?