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BananaIP Counsels > Patents (Page 40)

Case Review: Garaware v. Techfeb

The image depicts a human face with the text 'technology' at the base.

First Publication Date: 19th November 2009 In my previous post I had analyzed the claim of the patent that is alleged to have been infringed. In this post, I will follow it up by analyzing the complete specification, and commenting on the manner in which the patent specification is drafted and positioned for examination. I have uploaded the patent specification for those of you who want to give it a read: IN195352 - Garware - Garaware vs Techfab The invention (I am calling the subject matter claimed in the specification an "invention" as a patent is granted to it. However, we will scrutinize the...

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Garaware Vs Techfeb

The image depicts a gabion alongside a river.

  First Publication Date: 7th November 2009   An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent. The details of the case can be found if you have access to Manupatra, or just try googling for details, and you might just get lucky!While there are various issues that I would like to analyze...

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Life of a Gene in India

The image depicts a picture of a dna as the post is about life of a gene patent in India.

First Publication Date: 3rd November 2009   Last weekend, at a training session in Hyderabad, I was once again confronted by the ever sizzling issue of Indian Patent Office's stand with regard to patenting of Gene Sequences. The outcome of that heated argument is this post of mine. Prior to signing the TRIPS, any invention even remotely linked with living organism (including micro organisms) was not patentable subject matter in India. Article 27 (3) of TRIPS required its signatory to allow patents for microorganisms. Thus, in an effort to be compliant with the TRIPS agreement, the Indian Patent Act was amended in order...

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Claims! A Legal Fence and Public Notice

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  First Publication Date: 1st November 2009   The government in the guise of the patent office is guided by the Patent Act and rules of the respective country to confer the necessary rights to the inventor(s) for his/her invention. The extent of the rights is determined by the scope of the claims in a patent application which the inventor(s) files with the patent office. The two broad factors that largely tend to affect the scope of the claims are: 1) The prosecution history of that particular application; and 2) The court’s interpretation of the claims while the patent is in litigation. After an application for a...

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To Publish or Not: Well, it Depends!

The image depicts a cartoon of a newspaper as the post is about publication of patent application.

First Publication Date: 5th November 2009.   In US, it is possible to block publication until grant of a patent application provided certain conditions are met. According to § 1.213 of MPEP, if the invention disclosed in an application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the application will not be published, provided: (1) A request (non-publication request) is submitted with the application upon filing; (2) The request states in a conspicuous manner that the application is not to be...

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Guidelines for Writing an Abstract from the Indian Patent Office

The image depicts a person writing a the post is about guidelines for writing a patent abstract for the Indian Patent Office.

First Publication Date: 1st November 2009 According to Section 10(4)(d) of The Indian Patent Act, every complete specification shall include an abstract section to provide technical information on the invention. According to Rule 13(7) of The Patent Rules, the abstract section shall begin with the title of the invention. The abstract shall also indicate the technical field of the invention, the technical problem the invention solved by the invention, how the invention solves the mentioned problem and the use(s) of the invention. If a chemical formula is an essential part of the invention, the abstract shall also contain the chemical formula. Also,...

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SIPP scheme, UGC asks Universities to provide IPR as an optional subject, NASA to License Patent Portfolio, Treadmill patent infringement and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

  “Indian patent statistics, Interesting inventions, CGPDTM & DIPP issue notice for empanelment of facilitators under SIPP (Startup Intellectual Property Protection) scheme, UGC asks Universities to provide IPR as an optional subject, Patent infringement disputes, Treadmill patents, NASA to License Patent Portfolio 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 must be functional, and functionality must be translated into visual aesthetics without any reliance on gimmicks that have to be explained.” – Ferdinand  Porsche, founder of the Porsche car company. Indian Patent Statistics A total of 785...

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Diamond v. Chakrabarty, 447 U.S. 303 (1980)

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First Publication Date: 21st December 2008. Issue Whether a live, human-made micro-organism is patentable subject matter under section 101 of the Patent Act. Holding Yes, a human made microorganism is patentable under section 101. Case Facts Chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil compounds, could be transferred and maintained stably in a single Psuedomonas bacterium, which itself has no capacity for degrading oil. Chakrabarty's patent claims were of three types: first, process claims for the method of producing the bacteria; second, claims for an inoculum comprised of a carrier material floating on water, such as straw, and the...

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Apache License, Version 2.0

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First Publication Date: 10th November 2008 The Apache License applies to all software contributed by Apache or any other person under the license. Copyright and Patent License The license grants both copyright and patent rights over any software distributed under the license the licensee (any person receiving or using a software under the license.). The license grants the following rights under the copyright law: Right to reproduce the software; Right to modify the software; Right to publicly display; Right to publicly perform; Right to sub-license; and the Right to distribute the software in the form of object or source code. If a person contributing a software under the license holds...

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Rotec Indus. v. Mitsubishi Gajarsa Corp., 215 F.3d 1246 (Fed. Cir. 2000)

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First Publication Date: 30th August 2008 Case History Rotec is an assignee of the 291 patent and sells a system disclosed by the that patent under the name power belt. On AUGUST 9, 1995 the People's Republic of China solicited bid proposals for five units of a concrete placing system to be used in the Three Gorges Dam project on the Yangtze river. Mitsubishi corp and Mitsubishi International collectively called ME, a French corp. Potain, Johnson who was working on a design of a conveyor system prepared a bid with the help of Tucker Association TA. Tucker agreed to work as an independent...

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