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Author: BananaIP Reporter

BananaIP Counsels > Articles posted by BananaIP Reporter (Page 33)

Shielding Patent Attacks – A Peek at Patent Defenses in India

First Publication Date: 11th December 2010. A person falling within the scope of a defense will not be liable for infringement though his product or process is infringing. Some of the defenses to patent infringement recognized under the Indiann Patent Law are:A. Experiment, Research or Education; B. Bolar Exemption; C. Government use; and D. Parallel Imports. A. Experiment, Research or Education Use of a patented invention for experimentation or research is a defense to patent infringement. The provision relating to experiment and research under the Indian law uses expansive language and can be interpreted to have a very broad scope. Economic objectives of the research or...

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Integrating Secrecy and Exclusivity to Gain Competitive Advantage

First Publication Date: 10th December 2010. Patents protect inventions by granting exclusive rights for a period of twenty years and trade secrets protect any information having business value as long as the information can be maintained secret. Unlike patents, trade secrets need not be registered and will remain valid based on measures taken by the trade secret holder. The subject matter of trade secrets is very broad and a very small portion of that subject matter relating to inventions overlaps with that of patents. What protection should a company opt for with respect to the overlapping subject matter? As propounded by the...

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Negotiating License Agreements

  First Publication Date: 9th December 2010   This is in furtherance of my post on drafting patent licenses. The final deal in a license transaction depends on how well a person can negotiate and not on what is fair. "You get what you bargain for and not necessarily what is fair." Therefore, preparation for a license negotiation and negotiation skills play an important role in the final outcome. The first step towards preparing for a license negotiation is patent strength evaluation. A Licensor or Licensee must be well aware of the strength of his patent or portfolio in the light of other patents....

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A Conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010.   Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification- (a) has been anticipated by publication before the date of filing of the applicant’s...

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Drafting Valid Patent Licenses

First Publication Date: 8th December 2010 The clauses in a license agreement vary based on the nature of the patented invention. Each technology has certain unique characteristics and applications, which influence license drafting. Some of the basic clauses that go into every license agreement are as follows:This post is in furtherance of the post "Sensing Licensing Opportunities". A license is an authorization given by the patent holder to exercise the exclusive rights granted by the patent. It permits the person acquiring the license to practise the patented invention in the manner allowed under the license. Therefore, a license agreement must clearly...

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Secrecy Obligations of Employees

This picture depicts a person keeping a finger on his lips. This image is relevant because this post talks about the secrecy obligations of employees. Click on the image to view full post.

First Publication Date: 7th December 2010. Trade Secrets form an important part of intellectual property owned by most knowledge driven companies. Infact, patents and others are just the tip of the intellectual property ice berg of a company, the rest being trade secrets. Most countries including India do not have legislations protecting trade secrets and the law with respect to their protection emanates from court decisions. Agreements have been recognized by Indian courts to be valid measures to protect secrets. Some of the decisions have been provided  hereunder for your reference. Niranjan Shankar Golikari v. The Century Spinning and Mfg. Co. Ltd[i] Mr. Niranjan...

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Mitigating Patent Risks

  First Publication Date: 7th December 2010   This is in furtherance of the post  "Assessing patent risk in India". Mitigation and management of patent risks assumes very high importance in the light of increasing patent enforcement in India. Risks from patents primarily come from infringement of patents of others. Some of the common strategies for risk mitigation are as follows: a. Design around; b. Licensing; and c. Invalidation.   a. Design Around Risks from a patent can be mitigated by designing around the claims of the patent. If a product or process is so designed that it does not fall within the scope of the claims it...

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Sensing Licensing Opportunities

First Publication Date: 6th December 2010   Licensing is one of the important ways by which companies generate revenue from their patents. Assignment or licensing is the only way by which many dedicated research firms, that develop a portfolio of patents through focussed research make money. For many knowledge driven companies patents add value by providing competitive advantage or business advantage through exclusivity. Decision with respect to investments in R and D are made by most companies based on possibilities of patent acquisition. On the other hand, Universities and Government Institutes generally protect some of the inventions created from research and their...

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Greatest Path-Breaking Invention!

First Publication Date: 2nd December 2010. Since the Neanderthal age man has been on a perpetual quest to improve its living conditions which has made it possible for science to advance from one stage to another. Man is a curious being and to satisfy its insatiable curiosity it has constantly been on the lookout for new things. The essential human journey has witnessed visionaries and inventors  who have always been in a race with time which has resulted in marvelous inventions designed to lessen human hardship and has revolutionized the human life. Inventions like the Bulb, the Steam engine, the Telephone and...

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Telephone – Inventions that Revolutionized the World

  First Publication Date: 27th November 2010 The most common devices used for transmitting the voice signal over a greater distance are pipes and other physical mechanical media. All of us as a child must have used this form for communication. Another device used for centuries for voice communication is lover’s phone or tin can telephone. The classic example is the children's toy made by connecting the bottoms of two paper cups, metal cans, or plastic bottles with string. But the invention which changed the entire scenario of the communication is the telephone. It revolutionized the entire communication system. People could hear...

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