27 November 2018

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The Gene Returns to its Body

This post was first published on April 1, 2010. I’m still in denial of the summary judgment ruling provided by Judge Robert W. Sweet of United States District Court for the Southern District of New York in Association for Molecular Pathology v. USPTO on March 29th 2010. Looks like all that I read, understood and was convinced that gene patents demands a revisit. The 156 pages summary judgment that was issued on this Monday has for sure taken me by surprise. To give you the context, Myriad Genetics is a gene diagnostic company which in together with University of Utah Research...

27 November 2018

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Swiss Claims are History!

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on February 24, 2010. If the 19th February decision (G02/08) from the Enlarged Board of Appeal (EBA) at the EPO is to be simplistically interpreted, “Swiss” Type claims are indeed history. As most of our readers must be aware of the nature of a “Swiss” type of claim language. A “Swiss” type claim is essentially used to cover the so called Second, Third and Subsequent uses/medical indications of a known substance or composition. Taking our readers a bit more than a decade back the EBA in its decision (G05/83) had allowed the use of Swiss type claims. The...

27 November 2018

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Something More About Swiss Type Claims

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on February 25, 2010. On reading Siddharth’s post on the 19th February decision (G02/08) from the Enlarged Board of Appeal regarding the Swiss type claims, I got motivated to write something about the Swiss type claims and the reason for its birth and death. Like in India, Method of Treatment and Method of diagnosis (in vivo) has always been non patentable subject matter in Europe (Article 52(4)). Furthermore, before the concept of Absolute Novelty was introduced by the European Patent Office, a Second medical use of a drug could not get any kind of protection due to...

27 November 2018

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Claiming with a Purpose, with the Blessings of the Inventor

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on March 1, 2010. Claims draw the boundary to the invention that is being claimed. The boundary that is being drawn must be carefully done in order to ensure that the claims serve their purpose. The point here is that every claim must have a specific purpose and must be targeted to a potentially infringing product or process, or be targeted to protect a specific implementation (in case of defensive approach). In order for the practitioner to be able to do that, he must have a clear understanding of how a product or process is implemented...

27 November 2018

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Public Domain in Copyright Regime: Facilitating Right to Know

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law, Sports Law

The featured image shows the word copyright written in blue colour on a white background. The post is about latest entertainment and copyright news. To know more, please click here.

This post was first published on March 16, 2010. Contributed by Professor Madabhushi Sridhar The interface between the right to know and limited monopoly over creative expressions to the authentic owner represent conflicts of interests. Proprietorial concerns on one hand and the social interests on the other need to be reconciled in almost every area where individual rights conflict with social concerns. If the copyright is considered as an extension of the right of speech and expression, it contradicts another fundamental right, i.e., right to know which was read into right to life under article 21. Recently the right to education, in...

27 November 2018

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Who’s Intellect? Who’s Property?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on March 16, 2010. Contributed by Prof . Madabhushi Sridhar The print media comprises of newspapers, books both fiction and non-fiction. The copyright law regulating rights over economic benefits of ‘owners’ of electronic media are totally different in its impact compared to that of authors in print media. Electronic media refers to TV, radio, music album publishers, Internet, or online publishers, compute programme writing industry, etc. In electronic media, the investments are high, production process is complicated and involves rights of writers, performers, technicians, directors, helpers and producer besides distribution agents. When the property is changing hands...

27 November 2018

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Copyright Limitations on Media Freedom

Posted by BananaIP Reporter

in Copyrights, Media and Entertainment Law

This post was first published on March 12, 2010. Contributed by Professor Sridhar Madabhushi The newspaper you read this morning, the TV channel you watched this evening, the movie you saw last week, the computer software you use to write a letter, the music you listen to in your system, they are all copyrighted. There is a paradigm shift from viewing copyright as a monopoly that the public is willing to tolerate in order to encourage innovation and creation of news works to viewing copyright as a significant asset to country’s economy[1]. Nothing can be more properly described as a man’s property...

26 November 2018

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How Can We Encourage Inventors to Invent?

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on February 7, 2010. In one of my earlier posts entitled, 'Why do inventors invent?', I provided the results of a study on inventor incentives carried out by us. It can be noted from the results that a very small percentage of the inventors expressed that financial incentives encourage them to invent. The learning from the study is that an incentive mechanism must include incentives other than financial in order to encourage inventors to invent. Having said that, the issue with respect to it is that incentives that encourage an inventor such as love of invention,...

26 November 2018

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Designing Around Designs

Posted by BananaIP Reporter

in Industrial Designs, Intellectual Property

The featured image shows a bunch of black pencils with the word Design written in the background in black and bold letters. The post is regarding designs. To know more click here.

This post was first published on February 14, 2010. In furtherance of our posts with respect to patent infringement analysis, I would like to hereby write a note on analysis of design infringement and steps to be taken for designing around designs. Design infringement analysis and strategy for designing around registered designs assumes importance in the light of an increase in design protection in fashion, furniture, toys and other industries. While it is important for a designer to protect his designs, it is also equally important for him to ensure that his designs do not infringe on designs protected by others. Rights...

26 November 2018

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Story of an Unchallenged Patent: Certainly Uncertain

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on February 16, 2010. Enabling designing around existing patents to promote progress of Science and technology forms a small but a non trivial part of the rationale behind existence of the patent system. To be able to safely design around patents it is critical to be able to understand the scope of protection rendered to that patent. The best place to start is the claims of patent since it determines the metes and bounds of the patented invention. Traditionally there have been two main approaches to drafting claims. One is the Central claiming approach and the other is...

Author: BananaIP Reporter

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