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BananaIP Counsels > Patents

Inamed Vs Lubomyr Kuzmak, 249 F.3d 1356 (Fed. Cir. 2001)

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First Publication Date: 24th July 2008 Case Facts Inamed Corporation was a licensee of Dr. Kuzmak as Dr. Kuzmak had four patents covering   devices and methods for surgical treatment of obesity. The patent in question was directed to a method for performing gastric banding surgery using a calibration tube and electronic sensor apparatus. In 1998, Inamed tried to re negotiate the terms of the license and when the renegotiation failed Inamed terminated the contract on December 6, 1998. Dr Kuzmak sent a letter dated December 21, 1998 to Inamed asserting that Inamed was infringing atleast 3 out of the 4 patents. Inamed...

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Rosaire v. Baroid Sales, 218 F.2d 72 (1955)

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First Publication date: 26th July 2008 Issue Does the earlier experiment by Gulf Corp. invalidate the patents of Rosaire as the inventions were known or used? Holding Yes, as the earlier experiments constituted prior knowledge and use according to Sec 102 (a), they invalidated the patents. Rule 102 (a) Facts Rosaire and Horvitz patents relate to the methods of prospecting for oil or other hydrocarbons. The methods claimed involve the steps of taking a number of samples of soil from formations which are not themselves productive of hydrocarbons, either over a horizontal area or a vertical down. Rosaire alleged that Baroid was infringing its patent. Baroid claimed invalidity...

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Weekly Patent News: Indian patent statistics, Interesting inventions, Nestle’s Patent Infringement Dispute, Apple versus Qualcomm and more

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“Indian patent statistics, Interesting inventions, Patent infringement disputes, Nestlé’s Skin Health accused of patent infringement, Teva and Eagle Pharma file patent infringement suit against Mylan and Fresenius, Qualcomm versus Apple – setback for Qualcomm 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 “Design helps shape our everyday interactions through products, furniture, objects, or experiences.” - Co-founder and chief product officer of Airbnb Indian Patent Statistics There has been a massive drop in the total number of applications published last week. A total of mere 403 patent applications...

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Paris Convention for the Protection of Industrial Property, 1883 (Revised at Stockholm in 1967)

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First Publication Date: 7th January 2008 Monopoly and related rights have always been frowned upon by the law. The Statute of Monopolies, enacted in England in the year 1623, established that monopolies are not acceptable in law, but made a glorious exception in favour of patentable inventions. Therefore, although the statute prohibited monopolies, it specifically preserved the right of the royalty to grant patents for inventions by manufacturers. In pursuance of this individual government backed incentive mechanisms that prevailed in different parts of the world over a long period of time, there began an international movement towards forming a union of countries...

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Testing Parameters for Software Patentability

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First Published Date: 24th December, 2007 Abstract Patentability of computer programs is fraught with ambiguity because of multiple reasons. One of such reasons is the uncertainty and inadequacy of tests to determine patentability. Courts in the US have been struggling to evolve a test that would cover the complete continuum of innovation in computer programs, which manifests in terms of form or function or both. All tests adopted by the court either focus on only form or function, thus missing out the other. It is important for the legislatures and courts to understand the existing lacuna and to adopt a test that would...

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Weekly Patent News: Patent Agent Examination 2018, Indian start-ups filing more patent applications, Groupon settles patent dispute IBM and more

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“Indian patent statistics, Interesting Inventions, Patent Agent Examination 2018,  President Kovind says patent applications by Indian start-ups rising in India,  Groupon to pay IBM $57 million, USITC to investigate Resmed for alleged patent infringement, USITC to investigate Resmed for alleged patent infringement, EPO and CNIPA sign Bilateral Co-operation Plan, WIPO Assemblies Close amidst Treaty Accessions, Guidance on Future Work and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Patent quote of the Week “If you didn't have patents, no one would bother to spend money on research and development. But with patents,...

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Checking Patent Status Online in India

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Applicants often approach us asking us how they can check the status of their patent applications online. Through this post we attempt to show you how to exactly do this. The Indian Patent Office introduced the Indian patent search database called inPASS or Indian Patent Advanced Search System for the first time in 2015. inPASS replaced the then official database of the patent office called iPAIRS (Indian Patent Information Retrieval System) to provide for a more simple, robust and user friendly database. So how does one check the status of patent applications filed in India online? The answer is rather simple. Step 1: Access the...

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Weekly Patent News: Apple faces multiple patent disputes, Brazil revokes Gilead’s drug patent, Interesting Inventions and more

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“Patent on Statue of Liberty, Interesting Inventions of the Week, Prosthetic Tongue, IPR policy reduces pendency of intellectual property applications, says DIPP Secretary, Apple wins patent infringement appeal against University of Wisconsin, Qualcomm accuses Apple of stealing its secrets to help Intel, Apple Sued By MPH Technologies, WIPO and IFPMA Launch New Online Patent-Search Resource to Help Health Agencies Procure Medicines, Brazil court strips Gilead of hepatitis C drug patent and other Weekly Patent News” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Interesting design fact of the Week On February 18, 1879 Fredric Auguste Bartholdi, the...

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Weekly Patent News: Samsung Patent Dispute, Interesting Inventions, International Conference on IPR, No Bt Cotton in India and more

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“Interesting Inventions of the Week, International Conference on Emerging Trends of Intellectual Property Rights, Samsung spared in $115 million patent judgment, Apple granted 28 patents in a single day, Bt Cotton cannot be introduced in India says Bayer AG, WIPO Assemblies 2018 Open - Director General Underlines Positive Results and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Interesting patent fact of the Week On March 3, 1856, a civil engineer, George Alfred DePenning from Kolkata petitioned the Government of India for grant of exclusive privileges for his invention — "An Efficient Punkah...

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Filing Patent Applications online in India

It is nearly well over a decade since the Indian Patent Office (IPO) first launched and introduced the e-filing portal for the filing of patent applications online in India. A lot has changed in these ten years. From a system riddled with bugs and constant crashes to a system that has become the preferred tool for the filing of patent applications with the Indian Patent Office, the online patent filing portal has evolved and continues to evolve with each passing year. So, how does one exactly file a patent application online with the IPO? Note: For e-filing of patent applications, the...

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