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Patents

BananaIP Counsels > Patents (Page 3)

Post-dating Patent Applications

This post was first published on 15th July, 2014.   A provisional patent application is usually filed with a singular purpose - To gain the first (earliest) filing date or to gain priority for the application. As we are aware, gaining priority or an earlier filing date is imperative to the patent grant process. Why then, do we find so many of us opting to post-date their provisional application before filing a complete specification? Post-dating refers to the shift in the Priority date of an application to a later date. The post-dating provision is available in various jurisdictions and in India, an application, whether provisional or...

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Alice vs. CLS saga

This image depicts a Court Hammer being kept above a Computer Keyboard.This image is relevant as the post is about Alice vs. CLS Saga. Click on the image for more information

This post was first published on 19th September, 2014.   A thought is emerging in the US that the Alice vs. CLS decision was a game-changer and that software patent protection in the country has been seriously eroded. Let us see what happened between them and how it affects us. Who is Alice? Alice Corporation claims to be an innovator in financial markets. The Company has obtained patents on its innovations worldwide, including in the United States. It was founded by privately-held Alice Ventures (AV) in the early 1990s, National Australia Bank Limited (NAB) became a shareholder in 1995 and a 50% shareholder in...

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Prosecution History E’stop’pel!

This image depicts a prototype of word STOP being chained from both the sides. This image is relevant as this post is about Prosecution History E’stop’pel. Click on this image for more information

This post was first published on 3rd September, 2014.   All of us have experienced times when things don’t work the way we want them to when we really need them to. Exactly the same way, extended protection given to the patentee under the Doctrine of Equivalents (DOE) doesn’t always help you when you need it the most. Many a time, the application has to be amended in order to accommodate the Patent Law requirements, which is called the Prosecution History or File-Wrapper. Prosecution History Estoppel is an exception to the general rule of DOE (after the Festo case) which says that "where...

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Exclusive Marketing Rights and Stronger Patent Regime

This image depicts a signboard having CHANGE written on it. This image is relevant as India's patent Law has changed a lot after it became signatory to TRIPS. Click on this image for more information

This post was first published on 2nd September, 2014.   Trade Related aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO) came into effect in 1995 mandating all the developing member countries to bring in TRIPS-compliant national laws within ten years i.e., 2005. India became a party to the TRIPS Agreement in April, 1994. At that time, India's then-current enactment of the Patent Act, 1970 directly contravened Article 27 of the TRIPS Agreement. Upon coming into effect on January 1, 1995, TRIPS set out transitional periods for WTO members to introduce legislation complying with the obligations under TRIPS. For developing...

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“Children, Don’t Just Invent, File Patents!”

The image depicts a robotic child wearing a Graduation Hat. This image is relevant as the article is about Patent. Click on the image for more information

This post was first published on 14th November, 2014.   The secret of genius is to carry the spirit of the child into old age - Aldous Huxley Every child is a genius. I wish all SiNApSE readers a very Happy Children's Day. This post brings you the knowledge about 4-year-old Sydney Dittman, who invented an aid for using knobs, called Aid for grasping round knobs (US 5231733), an extremely useful invention for the disabled. She invented it while playing with her toys and now you know that inventing is nothing but play and fun. For Patent Geeks, here is the info: Abstract: Apparatus for grasping circular knobs which...

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Patently Asia – A Drug War!

This image depicts a Samurai Warrior with leaves falling on her. This image is relevant as the founder of Kratom is Natalie. Click on the image for more information

This post was first published on 25th November, 2014.   Japanese Patent about a pain-killing drug extracted from 'Kratom' (Mitragyna Speciosa), a well-known Southeast Asian medicinal plant, is creating contradictions. Patent documents and other publications reviewed, are silent on the origin of Kratom utilized by Chiba and Josai. Patents have been issued in Japan and the US, and patent applications may be pending elsewhere.   How the Plant became a Painkiller drug: In the early 2000s, Japanese researchers began analyzing compounds extracted from Kratom as part of a program to assess medicinal plants. They identified one Kratom compound, 7-hydroxymitragynine, as having particularly potent painkilling effects - considerably stronger and with no side effects, than even morphine,...

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Patents and Olympics

This post was first published on 25th July, 2012 The 2012 Summer Olympic Games is scheduled to take place in London, United Kingdom, from 27 July. Since the Olympics is around the corner, we would like to share some interesting patents issued pertinent to athlete performance. The patent (US6013007) discusses about a Global Positioning System (GPS) based personal athletic performance monitor for providing an athlete with real-time athletic performance feedback data. A feedback device, worn by the athlete is configured to send the performance parameters to AM, FM, and TV selected bands and can also be heard by the athlete using a...

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The TSM Test and Non-obviousness

This image depicts two dolphins jumping high over the sea with the sunset in the Background. This image is relevant as it deals with TSM test which is the Teaching, Suggestion and Motivation test. Click on the image for more information.

This post was first published on 6th December, 2014.   TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked: Is the prior art quoted instrumental in teaching the reader the method of producing the invention? Does the prior art or any of its contents suggest any method of producing the invention in question? Does the prior art talk about problems related to a particular technology motivating an invention in a particular manner? It must be well understood by now that...

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What Makes the World’s First Turbo Diesel Motorcycle Vibration Free?

This image depicts Royal Enfield's Turbo model of Bike. This image is relevant as this is the first ever diesel engine powered bike which does not vibrate. Click on this image for more information

This post was first published on 25th August, 2014.   Owing to the ever increasing gas prices, fuel efficiency offered by vehicles has become a strong deciding factor among buyers. Diesel bikes are a great benefit for people obsessed with fuel efficiency but unfortunately diesel bikes are currently not offered by any OEMs for the masses. Royal Enfield’s Taurus was the only diesel motorcycle that was in mass production until some time ago. The vibration produced by diesel engines in a motorcycle, jolts the rider and makes travel tiresome, and eventually the user may even start feeling the strain through pain in his/her elbow...

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Invention that Revolutionized the Industrial Revolution!

This image depicts the Steam Engine invented by James Watt. This image is relevant as the post is about the invention which has brought the Industrial Revolution. Click on the image for more information

This post was first published on 13th October, 2014.   Most of us have learned about the Industrial Revolution that took place in the 18th and 19th centuries, that ultimately resulted in the transition to the new manufacturing processes found even today. While I was reading about the industrial revolution, the question that flashed in my mind was, "Is there any invention that fueled the revolution?". Well, surprisingly (or not), the answer is a Yes! It's nothing but the Steam Engine. Let me tell the interesting story of the Steam Engine and its world famous inventor for our Readers who have a special...

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