In Defense of Software Patents
Guest Post by Martin Goetz   This article is in response to the editorial “Abandoning Software Patents” by the Ciaran O’Riordan, Director of End Software Patents (posted on PatentlyO on November 6, 2009) which had as its premise that one is trying to protect “software ideas”.   I wrote this article from a unique perspective as the holder of the first S

Design Law: Protecting Copyrighted Designs
Design Ideas v. Things Remembered, 3:07-cv-03077 (C.D. Ill. Filed March 16, 2007)  Perry Saidman is a frequent contributory to Patently-O -- especially when the topic turns to design patent law. In a recent case, his firm used copyright law to protect its client's wire-flower design. The flowers were incorporated into candle holders and other small useful objects. Although cheap ($35), early copyright registration is important for collecting infringement damages. Registration is also helpful in establishing priority and ownership. In this case, the designer registered early and was awarded $750k for willful infringement.

Patently-O Bits and Bytes
Michael Smith reviews E.D. Texas patent trial verdicts for 2009 (thus far). Depending upon how you count, the score ranges "from 8-3-1 to 6-6-1 (depend[ing] on whether you count a post-jury selection grant of summary judgment or not)." [Link] Hal Wegner and Justin Gray review the top 150 patent holders and reports on growing ownership concentration. [Link][See also

Ecuador's Compulsory Licensing of Pharmaceutical Patent Rights
Under the TRIPS agreement member Nations can force compulsory patent licenses at their discretion. The 2001 Doha declaration clarifies this point: "Each member has the right to grant compulsory licences and the freedom to determine the grounds upon which such licences are granted." In October 2009, Ecuador's president issued a decree that allows its Ministry of Public Health to issue compulsory licenses based on public interests such as access and costs. According to IP Watch, the government is now "working on a mechanism f

Patently-O Bits and Bytes
Jobs Postings from the Past Week: Patent Portfolio Manager - Small Corporation - Mississauga, Ontario IP Attorney - Large Corporation - Holmdel, N.J. (Updated Link) Patent Agent - Large Corporation - Ardsley, N.Y.