Intellectual Property Archives

Something More About Swiss Type Claims

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…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 700Views 0Like

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Swiss Claims are History!

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…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1281Views 0Like

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If I Could Copyright… My Book: Copyrights and Writers (Part 5)

Words Are All We Have – Copyrights and Writers (Part 1)

"Its only words, and words are all I have ..." Barry, Robin & Maurice Gibb of Bee Gees gave us words that fluently roll off many tongues. Words are all writers have to express their love of words. They knit words to form creative expressions. It is these expressions on tangible media copyright law protects. Any expression on a tangible medium, which is original and creative is protectable as a copyright, and the first owner of this copyright is the writer.…

November 27, 2018 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property 0Comment 706Views 0Like

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Using Open Source Software in Business

This post was first published on February 19, 2010. Open Source Software (OSS) has certain advantages when compared to proprietary software. It comes with the following benefits: a. The software may be downloaded for free; b. Source code of the software is available, which enables improvement and customization; c. The software generally has a community and the development is faster; d. Support and implementation services are available from multiple sources; and so on. As OSS always comes with a license, the…

November 26, 2018 BananaIP Reporter Copyrights, Intellectual Property, Open Source Licensing 0Comment 1224Views 0Like

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Story of an Unchallenged Patent: Certainly Uncertain

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…

November 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 512Views 0Like

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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.

Designing Around Designs

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,…

November 26, 2018 BananaIP Reporter Industrial Designs, Intellectual Property 0Comment 864Views 0Like

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How Can We Encourage Inventors to Invent?

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.…

November 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1023Views 0Like

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The image depicts a sign of 'at your own risk' in a yellow diamond.

Model to Combat Patent Risks in Open Source Software

This post was first published on May 10, 2010. Professors at University of California Berkeley are proposing a defensive licensing scheme to fight patent risks in development and use of open source software. In one of my earlier posts, I wrote about the risk of patent infringement with respect to use of open source software and steps to mitigate the same. The model being proposed by Professor Jason Schultz and Professor Jennifer Urban may play an important role in minimizing patent…

November 26, 2018 BananaIP Reporter Intellectual Property, Open Source Licensing, Patents 0Comment 651Views 0Like

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Indian Patent Statistics, Interesting inventions, Vice President M. Venkaiah Naidu speaks on patents, IPR course by VTU, Patent infringement disputes and more

“Indian patent statistics, Interesting inventions, M. Venkaiah Naidu emphasizes on the importance of the patent system in the 18th General Assembly of the Asian Patent Attorneys Association, VTU to start an online certification course on IPR, Motorola wins patent infringement suit against Hytera Communications, Broadcom and Volkswagen to settle patent dispute out of court and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week …