Methodology of Teaching

Professor Michael Blakeney Queen Mary Intellectual Property Research Institute M.Blakeney@qmipri.org

Potential Students for IP Teaching

Law Students Trainee Patent and Trademark Agents Patent and Trademark Office Officials Judges Lawyers IP Executives Public Awareness

On-line Materials for Law Students

Gateways and portals Findlaw http://www.findlaw.com/01topics/23intellectpro p/index.html A comprehensive collection of IP resources. Hieros Gamos http://www.hg.org/intell.html This section focuses on 'the regulation of intangible rights regarding ideas, and tangible rights to use particular trademarks, patents and copyrights to produce goods and services. Yahoo http://dir.yahoo.com/Government/law/intellectu al_property/

On-line document collections

Bitlaw http://www.bitlaw.com/ BitLaw is a comprehensive Internet resource on technology law, containing over 1,800 pages on patent, copyright, trademark, and Internet legal issues. Links to Patent and other Intellectual Property Information Resources http://www.bl.uk/collections/patents.html This site provides links to free databases for patent searching; trade mark links to databases in trade marks, some free of charge, from anywhere in the world; links to intellectual property authorities around the world and a comprehensive list of other important websites on patents and intellectual property in general. UK Intellectual Property on the Internet http://www.intellectual-property.gov.uk/ This government-backed site offers links to IP resources and a useful section on current IP news items. Franklin Pierce Law Center Intellectual Property Mall http://www.ipmall.fplc.edu/

Treaties and Conventions

Convention on the Grant of European Patents (European Patent Convention) http://www.european-patentoffice.org/legal/epc/ WIPO Treaties http://www.wipo.int/treaties/ WTO Treaties http://www.wto.int

On-line journals
Intellectual Property Magazine http://www.law.com/professionals/iplaw.html A quarterly online magazine addressing covering issues in law and policy for high technology. Intellectual Property and Technology Forum http://infoeagle.bc.edu/bc_org/avp/law/st_org/iptf/articles/index.html This site belonging to the Boston College Law School offers current news, opinions in intellectual property & technology law; in-depth discussions on specific topics; and opinion, editorial, speeches, and responses to other pieces on intellectual property and technology policy. IP World Online http://www.ipworldonline.com/ipi/ipwo/home.jsp Site contains news, case comment, and articles from leading practitioners. Journal of Intellectual Property Law http://www.law.uga.edu/jipl/ Edited by the students of the University of Georgia School of Law, the internet edition publishes critical and analytical articles from leading academics and practicing attorneys as well as student-written notes Journal of Technology Law & Policy http://grove.ufl.edu/~techlaw/links/ This site provides an index of links to mostly US journals on technology and IP arranged by state. Texas Intellectual Property Law Journal http://www.utexas.edu/law/journals/tiplj/ Articles submitted for publication in this journal are written by academics, practitioners, and students from around the world. The full text of which is also currently available on-line via the LEXIS legal research services database.

Organizations
European Patent Office http://www.european-patent-office.org/ Lex Mercatoria (International Trade/Commercial Law Monitor) http://www.jus.uio.no/lm/intellectual.property/toc.html Lex Mercatoria is an international/transnational commercial law & ecommerce infrastructure monitor. Link are available to resources on the protection of IP in the fields of copyright, domain names, industrial designs, patents and trademarks. OAMI-ONLINE (European Community Trademark Database) http://oami.eu.int/EN/guide.htm OAMI-ONLINE is the web site of the 'Office for Harmonization in the Internal Market'. Its purpose is to improve public awareness and for the dissemination of information on Community trade marks and, in the future, designs. UK Patent Office http://www.patent.gov.uk/ Provides information on patents, trade marks, copyright and intellectual property. WIPO (World Intellectual Property Organization) http://www.wipo.int/

Interest groups and other

American Intellectual Property Law Association (AIPLA) http://www.aipla.org/ comprehensive list of links to US IP legal texts and IP organisations world-wide. D'Angelo Law Library Internet Resources on Researching International Intellectual Property Law http://www.lib.uchicago.edu/~llou/intlip.html this site lists useful links to resources ECUP European Copyright User Platform http://www.eblida.org/ecup/ information on European copyright developments, this site provides links to Legislation ( Treaties, EU Directives, national laws, case law, recent initiatives, position papers etc.); ECUP documents (Ecup-docs); ECUP news (Ecup-news); Journals include the Journal of Information Law & Technology (University of Warwick) available in full-text from 1996 onwards. Intellectual Property Rights (IPR) Helpdesk http://www.cordis.lu/ipr-helpdesk/en/home.html Intellectual Property & Technology Forum http://www.bc.edu/bc_org/avp/law/st_org/iptf/ The Intellectual Property and Technology Forum at Boston College Law School is a legal publication that provides academic papers and discussions on current technology law & IP topics. Legal Research Guide on Intellectual Property Law http://www.virtualchase.com/resources/ip.shtml A US Government-sponsored site, it provides a comprehensive index of links to US federal agencies, international IP-related organisations and a section listing 'top resources in IP law'. Oxford Intellectual Property Research Centre http://www.oiprc.ox.ac.uk/ To access full-text working papers and other documents dating from late 1998, follow the link OIPRC Electronic Journal of Intellectual Property Rights to the Working and Seminar Paper Series, published by members and guests of the Centre to facilitate exchange of information and feedback.

WIPO Intellectual Property Digital Library

Home > News & Information Resources > Intellectual Property Digital Library Intellectual Property Digital Library Search: Database: The Intellectual Property Digital Library Web site provides access to intellectual property data collections hosted by the World Intellectual Property Organization. These collections include PCT (Patents), Madrid (Trademarks), Hague (Industrial Designs), Article 6ter (State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations) and others. Access a detailed index of all IPDL data collections. The form above allows you to conduct a simple search for terms occurring within any field of a given database. For a more advanced interface allowing fielded term searches, please select a database from the left-hand menu. Frequent users who would like to maintain a search query history across connections should set up a free user account.

Franklin Pierce IP Mall www.ipmall.info

> August 2 - September 16-17, 2005 -- Pierce Law's 17th Advanced IP Law & Practice Symposium on Life Science IP in Europe, The Langham Hotel, Boston. > August 2 - New U.S. Government IP Resources database posted! > August 2 - New GIN (Global IP Network) publications, "Treatises held by Franklin Pierce Law Center Library on Traditional Knowledge and Related Topics" & "Public Art? A Handbook for Artists" posted! > July 19 - New - Trademark Registration Proactice Online Course! > June 22 - Congressional Research Service Reports updated! > June 13 - New - IP India - A Comprehensive Collection of Indian IP Resources > May 19 - New - Trademark Trial and Appeal Board (TTAB) Final Decision Archive 1984 - 1996 > April 29 - New - Board of Patent Appeals and Interferences (BPAI) Final Decision Archive 1984 - 1993 > April 29 - Seventh Basic Patent Cooperation Treaty Seminar - Courtyard Marriott Grappone Conference Center - April 29-30, 2005! > April 1 - NH Bar Association IP Law Section updated! > April 1 - Pierce Law IP Course Exams updated! > Over 2,700 online resources in our IP Links!

Association of Research Libraries www.arl.org

Major Copyright Statutes Digital Millennium Copyright Act of 1998 (P.L. 105-304, 10/28/98) Copyright Term Extension Act of 1998 (P.L. 185-298, 10/27/98) Work Made for Hire and Copyright Corrections Act of 2000 (P.L. 106379, 10/27/00) Technology, Education, and Copyright Harmonization (TEACH) Act (P.L. 107-273, 11/2/02) Copyright and IP Legislation CONFU, Final Report, 11/98 Court Cases/Legal Decisions International Activities Orphan Works Additional Resources Federal Relations E-Newsletter (Copyright Issues Only) Copyright Articles in ARL Publications

Print Sources Books - Commercial publishers (Review copies,law firms discards) Journals- Exchange schemes Documents depository schemes

Professional Training (UK)

Patent Agents Certificate (Chartered Institute of Patent Agents) Trade Mark Agents Certificate (Institute of Trade Mark Agents) Judicial Training Courses Law Office Training Courses

Patent Certificate - Outcomes

List conditions for patentability. Distinguish inventorship and ownership Enumerate exclusive rights conferred by patent. List conditions for the registration of models. List the conditions for the protection of designs. Describe national, region or PCT registration procedures. Distinguish patent, model and designs protection. Identify dealings in patents, utility models and designs. Appreciate infringements of IP rights.

Trademark Certificate Year 1

Registrable Trade Marks Distinctiveness, Deception and Confusion Use Types of Applications Classification, Service Marks, Multiple Classes Absolute and Relative Grounds for Refusal Opposition Registry Practice- Registration

Trademark Certificate Year 2

Commercial Exploitation of Trade Marks Registrable Transactions Post Registration Practice and Maintenance Formalities Revocation and Invalidity WIPO The Paris Convention, The Madrid System Application Procedure Under the Agreement and the Protocol The Community Trade Mark , OHIM Practice Enforcement Trade Mark Infringement Criminal Provisions Well Known Marks

Blogs
http://www.marques.org/class46/ http://patlit.blogspot.com/ http://thespcblog.blogspot.com/ http://the1709blog.blogspot.com/ http://ipkitten.blogspot.com/

Use of blogs in teaching, eg IP Kat

7/21/2010 11:39 EPO: hearings in "broccoli and tomato cases" German newspapers today report of protests outside the EPO building in Munich yesterday relating to a Broccoli patent? What is going on? News reports state that farmers and Greenpeace activists were among those protesting arguing that patents covering "vegetables should never have been granted and must be stopped" (read reports from Deutsche Welle here and Bloomberg here and the IPKat's earlier post here)

A look at the EPO's website helps to clarify what is at stake. At hearings relating to the so-called "broccoli and tomato cases" (G 2/07, broccoli case and G 1/08 tomato case, more info can be found on the EPO's website here) relating to "essentially biological processes", the EPO's Enlarged Board in Munich is currently looking at the question of ".... whether marker-assisted selection is a biological breeding process or is a technical method and therefore patentable. Its decision on the interpretation of the relevant passage in the EPC and the definition of criteria to be applied in the patent grant procedure is likely to be published by the end of the year, but the judgment is unlikely to be announced immediately after the hearing. The patentability of plants and animals will not be discussed." and correspond to phenomena which could occur in nature without human intervention?

The following questions have been referred to the EPO's Enlarged Board and a decision is likely to be taken towards the end of this year. "1. Does a non-microbiological process for the production of plants consisting of steps of crossing and selecting plants fall under the exclusion of Article 53(b) EPC only if these steps reflect and correspond to phenomena which could occur in nature without human intervention? .. More information on the EPO's website can be found here. Some further background relating to the Broccoli patent controversy can be found on the website of German Die Welt (in German).

Bilski-Monday, 28 June 2010

At last, the Supreme Court's long-awaited ruling on the standard of patentability of business method software patents in In re Bilski has been handed down (you can read it in full here). It's a 71-page decision. According to the headnote: "Petitioners patent application seeks protection for a claimed invention that explains how commodities buyers and sellers in the energy market can protect, or hedge, against the risk of price changes. The patent examiner rejected the application on the grounds that the invention is not implemented on a specific apparatus, merely manipulates an abstract idea, and solves a purely mathematical problem. The court rejected its prior test for determining whether a claimed invention was a patentable process under Patent Act, 35 U. S. C. 101i.e., whether the invention produced a useful, concrete, and tangible result, see, e.g., State Street Bank & Trust Co v. Signature Financial Group, Inc., 149 F. 3d 1368