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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 9)

Patent: Natural or Man Made

This post was first published on April 4, 2010.   This is in furtherance of Mrs. Vinita Radhakrishnan's post regarding the US District Court decision on BRCA gene patents. Under the US Patent Law, anything that exists in nature is not patentable subject matter. This is also referred to as 'Product of Nature Doctrine'. The test for determining whether something exists in nature or not as laid down in Chakrabarty's case is whether a hand of man is involved in creating the invention. If there is a hand of man, the invention is said to be not naturally existing and therefore, patentable subject...

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Role of IP Policy in a Knowledge-driven Company

This post was first published on March 26, 2010. An Intellectual Property (IP) Policy setting out the IP goals of a company in the light of its business goals plays a very important role in enabling the company acquire competitive advantage from its IP. The IP Policy must lay down the frame work in the light of the company's IP strategy. Most IP policies cover aspects such as generation, protection, ownership, utilization, management and commercialization of IP. They also include the company's policy with respect to use of third party IP, interaction with third parties and so on. While the broad...

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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 got convinced about regarding gene patents demands a revisit. The 156 pages summary judgment that was issued on this Monday has for sure taken me by surprise. (I promise to provide the details of the opinion a bit later. I guess this is my time to...

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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 bit more than a decade back the EBA in its decision (G05/83) had allowed the use of Swiss type claims. The...

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Who’s Intellect? Who’s Property?

This post was frst 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...

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Claiming with a purpose, with the blessings of the inventor

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 potential 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...

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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 the European Patent Office, a Second medical use of a drug could not get any kind of protection due to...

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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 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 granted...

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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 rights and limitations with respect to the use of the software is defined by the kind of license that governs the software. Based on the...

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