26 December 2018

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Once an Intermediate, always an Intermediate

First Publication Date: 22nd December 2010 The other day, while I was having a heated discussion with 2 fellow bloggers about the patentability of repurposed drugs i.e. patenting of new use of a known drug, we hit a road block with regard to patent value of an intermediate. The question raised was "Will a newly found first use of an already known intermediate be patentable in India?" I am rephrasing the question for the purpose of this discussion. “Will the exclusion criterion elaborated in Section 3 (d) of the Indian Patents Act exclude the patentability of the first known use of the intermediate?” Whenever...

25 December 2018

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Biotechnology and Patent Challenge

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts a DNA strand. The DNA forms the basis of all life forma and conquering it is the challenge for biotechnology. This post is about the patentability of biotech inventions. Click on the image to read the full post.

First Publication Date: 19th December 2010 Since inception patent law is being customized and fine tuned by governments to meet the needs of evolving technologies. Strong basic principles have evolved to cater to the needs of traditional fields of science and technology and they have been working well in promoting progress. However, the basic principles have utterly failed in a number of ways, when it comes to their application to Modern Biotechnology. The unique nature of Modern Biotechnology is the main reason for the failure.Why is Biotechnology Unique? Biotechnology promises more efficacious drugs, medical treatment tailored to the individual patient's biological make-up,...

24 December 2018

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Weekly Patent News: Indian Patent Statistics, Interesting inventions, IP seminars, IP counterfeiting, International patent news and more

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“Indian patent statistics, Interesting inventions, “Workshop on IP Rights” to be hosted by Maharaja Sayajirao University of Baroda, G.K Law College to organize a National Seminar on IPR, EPO’s first patent publication and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “Owning Intellectual Property is like owning land. You need to keep investing in it again to get a payoff; you can’t simply sit back and collect rent.” – Esther Dyson, a Swiss-born American author, investor and philanthropist. Indian Patent Statistics A total of 832 patent applications have been...

24 December 2018

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Decorated Christmas Trees

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 21st December 2010 It is a busy world and a busy life. People are in a hurry to earn their living and achieve some thing in life. During the rush to fulfill their dreams, they hardly find time to catch up with their loved ones and even forget to enjoy life. That is the point where festivals play a significant role. Nowadays festivals are the only occasions during which people reunite with their dear ones and find some time to enjoy regardless of their hectic schedules. One of such a festival - Christmas has come. Christmas is a joyous...

23 December 2018

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Shielding Patent Attacks – A peek at patent defenses in India

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 11th December 2010 infringement liability. 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...

21 December 2018

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Negotiating License Agreements

Posted by BananaIP Reporter

in Intellectual Property, IP Commercialization/Licensing, Patents

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....

20 December 2018

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

Posted by BananaIP Reporter

in Intellectual Property, Patents

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...

19 December 2018

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Drafting Valid Patent Licenses

Posted by BananaIP Reporter

in Intellectual Property, IP Commercialization/Licensing, Patents

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...

17 December 2018

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Mitigating Patent Risks

Posted by BananaIP Reporter

in Intellectual Property, Patents

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...

17 December 2018

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Weekly Patent News: Indian Patent Statistics, Interesting inventions, DIPP publishes draft patent amendment rules 2018, International patent news and more

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“Indian patent statistics, Interesting inventions, DIPP publishes draft patent amendment rules 2018, European Patent Organization elects a new Chairperson, Alibaba all set to join the Open Invention Network, after Microsoft, LIPO launches its first ever web portal for IP Filings, IPOS grants its first patent under the FinTech Initiative and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “The ultimate strategy is to increase business and net worth by using intellectual property. Any winning IP strategy will have at least two goals: to create or acquire intellectual...

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