27 November

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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...

26 November

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Patent: Story of an unchallenged Patent: Certainly Uncertain

Posted by BananaIP Reporter

in Patents

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 invention. Traditionally there have been two main approaches to drafting claims. One is the Central claiming approach and the other is...

26 November

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Intellectual Property: How can we encourage inventors to invent?

Posted by BananaIP Reporter

in Intellectual Property, Patents

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. Having said that, the issue with respect to it is that incentives that encourage an inventor such as love of invention,...

26 November

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Patents: Model to Combat Patent Risks in Open Source Software

Posted by BananaIP Reporter

in Intellectual Property, Open Source, Patents

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 risks if it is adopted by the open source community. The model called as 'Defensive Patent License' is a distributed network...

26 November

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

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“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 "Design creates culture. Culture shapes values. Values determine the future.” – Robert L. Peters, Canadian graphic designer and educator. Indian Patent Statistics A total of...

24 November

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Patent Law – Rationale and Life Cycle – A Presentation by Dr. Kalyan C. Kankanala at NLS – Bangalore

Posted by BananaIP Reporter

in Intellectual Property, Patents

[slideshare id=123861315&doc=patentlawrationaleandlifecycle-181124123014]...

24 November

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Patentability requirements – A Presentation by Dr. Kalyan C. Kankanala at NLS – Bangalore

Posted by BananaIP Reporter

in Intellectual Property, Patents

[slideshare id=123861782&doc=patentabilityinindia-181124124503]...

19 November

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Weekly Patent News: New patent policy in India? Interesting Patents, L’Oréal vesrus Drunk Elephant, No patent settlement talks for Qualcomm and Apple, No patent for Pfizer’s Pregablin says Supreme Court and more

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“Indian patent statistics, Interesting inventions, DIPP Secretary states that a new Industrial Policy will soon be in place, L’Oréal sues Drunk Elephant, UK Supreme Court dismisses Pfizer's patent claim on pregabalin, Apple versus Qualcomm - No Settlement Talks are on, IP Awareness Summit (IPAS), 2018 to be hosted by CIPU, in late November, EPO hosts the 28th Annual Patent Information Conference in Brussels 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 is thinking made visual.” – Saul Bass, American graphic designer and Academy Award winning filmmaker, best known...

12 November

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Weekly Patent News: Interesting Patents, IIT-M to host Tech summit, Cannabis Patent, Qualcomm forced to license its patents, Canada becomes party to Hague Agreement, USPTO’s new Sponsorship Tool and more

Posted by BananaIP Reporter

in Intellectual Property, Patents

“Indian patent statistics, Interesting inventions, IIT Madras to host Shaastra Summit, Qualcomm forced to license its patents to rivals, USPTO’s new Sponsorship Tool to give other members access to the Patent Electronic System, USPTO grants a patent to a composition containing Cannabis 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 is the silent ambassador of your brand.” – Paul Rand, American art director and graphic designer, best known for his corporate logo designs, including the logos for IBM, UPS, Enron, Morningstar, Inc. Indian Patent Statistics A...

11 November

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Rejection of application based on pre-grant representation may be appealed to IPAB

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 10th February 2010 In a decision delivered on February 8th, 2010, the Delhi High Court held that an applicant aggrieved by the rejection of his application by the Controller based on a pre-grant representation may file an appeal to the Intellectual Property Appellate Board (IPAB). The court delivered the decision after consolidating writ petitions filed by UCB FARCHIM, COLORCON, YEDA RESEARCH & DEVELOPMENT and ELI LILLY. As per the Court, a rejection by the Controller based on a pre-grant representation under Section 25(1) would be a decision under Section 15 of the Patents Act and therefore may be...

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