🖈11 Kiryat Hamada Street, Jerusalem, Israel
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The world we live in is complex, as are the matters we have to deal with, ranging from heartfelt, serious matters, to significant pioneering research, the ridiculous were it not so serious, and the downright mundane.
So too is the IP world, and this month we have examples of each. Professor Raphael Mechoulam was a pioneer in the field of cannabis, decades before his time, and his recent passing is definitely a marker in time for the industry that followed in the wake of his research.
As a youngster I paid a visit to a cheese making factory in the charming Swiss village of Gruyere. I primarily remember the railing of the visitors’ viewing balcony as being the only thing that prevented me from falling into the vat of cheese below, after barely avoiding passing out in the presence of the overpowering fragrance of the cheese for which Gruyere has become known. It seems that in it’s affirmation of the decision of the District Court Decision upholding the TTAB decision as to the non-registrability of Gruyere as being generic, the US Court of Appeals for the Fourth Circuit may have been suffering from one of the most well-known symptoms of Covid-19 (loss of smell), or simply assumed that the market had, as a whole, been suffering from the same symptom, and was thus simply unaware of the olfactory features that have made genuine Gruyere cheese so special.
Finally, the USPTO has decided to go paperless.
OK, there is indeed nothing new about that. They have been substantially paperless for years. But they are now finally about to let go of the paper patent certificate. And while this may not seem to be such a big deal, there is something about it that says “this is the end of an era”.
I hope you enjoy this new edition of our newsletter. Feel free to write to me with your comments.
Jeremy Ben-David
PS-I hope to see you in Singapore at INTA 2023!
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Israeli cannabis researcher Professor Raphael Mechoulam, passed away last week at the age of 92. He was known for his cannabinoid research, including isolating and determining the structure of one of the most important active compounds in cannabis, delta-9-tetrahydrocannabinol, commonly known as THC.
His research paved the way for many companies active in the cannabis field today.
Aside from publishing many papers on his research, he was listed as an inventor on over 50 patent families. READ MORE.
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A recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the generic nature of the geographic indication of “Gruyere” relating to cheese has become a source of severe indigestion for gastronomes, food aficionados and lovers of fine wines, spirits and luxurious delicacies and foodstuffs. This is especially so for those who rely on the Protected Designation of Origin (PDO) product designation to assist them in protecting their refined palettes from geographical counterfeits. More on the cheesier aspects of this subject later on.
PDO’s provide legal, almost trademark – like, protection to certain exclusive products, spirits and alcoholic beverages under the legislation of certain countries. They can apply to both foodstuffs and alcoholic beverages, each uniquely produced in a specific place, region or country, and whose given quality, reputation or other characteristics are essentially attributable to its geographical origin, provided that such products meet certain prescribed conditions of manufacture or production consistent with the reputation afforded by the use of the specific geographic label.
Notable examples of the scope of protection afforded by PDO`s include such marks as “Glen Buchenbach” whiskey from Germany, and “Pawsecco” pet food from the UK. However, PDO’s are definitely a matter of individual (national?) taste, and so when it came to the Gruyere mark for cheese made in the US, it was the common rather than the refined palette that trumped. READ MORE.
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Arik Ben Ishay is the co-founder and CEO of BioBeat, an Israeli biotech startup that has created a small non-invasive device that can monitor a patient’s vital signs remotely enabling patients to heal at home and providing actionable insights on patient care.
Avraham sat down with Arik in the offices of BioBeat to discuss the motivation behind starting the company, how they persevered to achieve what seemed like an impossible goal, funding, team building, tips for startup founders and much more.
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The USPTO has recently announced that as of April 18, 2023, it will no longer be issuing paper granted patents. Instead, the USPTO will be transitioning to issuing certified electronic granted patents (eGrants). The eGrant will be the official statutory patent grant and will be available the day the patent is issued, as opposed to the paper patent, which was usually received weeks thereafter due to typical mail delays.
Given the above, come April 18th, our recommendation is READ MORE.
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The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.
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For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds.
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The JMB Davis
Ben-David
YouTube Channel
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You'll find our hour long webinars on Patents and using the Patent system to your advantage.
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We're here to help you with your patents, designs and trademarks.
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We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks. Since 1995 we have been working with partners around the world so as to secure our clients’ IP rights. We’re here for you.
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Managing Partner
JMB Davis Ben-David
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