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BananaIP Counsels > Patents (Page 5)

Shouldn’t a Request for Prioritized Examination be Given Priority?

This image depicts Paper Tags having Urgent written on it. This image is relevant as the issue here is whether a request for prioritized examination be given more priority. Click on the image for more information

This post was published on September 17, 2014.

 

All applicants have a desire that their patent applications get prosecuted faster and their patents get a grant on priority, however, such desires are seldom fulfilled. Blame it on the backlog, if you will, and several other reasons for the delay, but patent applicants have to wait more than 3 years to get their patents granted.

Empathizing with the concerns of the applicant, several patent offices have devised procedures to expedite the prosecution of applications. Prioritized examination, accelerated examination, early examination are some of the provisions available to aid applicants in this pursuit. The most interesting among them is prioritized examination which aims to decide the fate of an application (refusal or grant) within 1 year of acceptance of request for prioritized examination.

Post-dating Patent Applications: Frisk it Before You Risk it!

This post was published on August 08, 2014.

 

Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today’s post, however, unravels the puzzling question of how to claim priority even from a post-dated application!

We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches, for reasons best known to the Applicants. Another commonly availed option is to post-date the priority application when the deadline to file a foreign application (1 year from the date of filing priority application) is missed. However, most of us tend to take it for granted that such post-dating will not jeopardize our patent rights and hence fearlessly proceed with the option. A peek into the legislation of certain jurisdictions might prompt us to reconsider these decisions to post-date applications.

Patent Claim Drafting – Preamble

This post was first published on July 16, 2014.

 

It would have been very well drummed into a patent professional, Mr. X, who has just started drafting a patent specification that “claims form the heart of a patent application,” or the “name of the game is claim,” and so on. Very few might agree with me if Mr. X has been told to carefully consider the words and/or features and/or the language used in the preamble, as improper drafting of preamble may limit the scope. Well, it is not Mr. X’s fault, nor the trainer’s fault. There are not many case laws or rather widely discussed case laws, elucidating or interpreting in detail the importance of a preamble as there are for definiteness, written description and other statutory requirements. In fact, in 1934 (in In Re Wolf), CCPA held that, “The preamble of a claim is introductory only and should not be considered as a limitation of the subject issue.”

While CCPA’s decision in In re Wolf is still held aloft like a banner, for more of a visual than cognitive effect, there are some case laws in which the federal circuit has touched upon or at certain times went into a little more detail on the importance/interpretation of preamble.

Sound Sign Posts – Patents for the Blind 2

This image depicts a blind woman holding a stick and walking on a road. This image is relevant as a patent has been awarded for vibrating clothes which will help the blind person to navigate easily. Click on this image for more information

This post was published on August 25, 2014.

 

Last week we discussed the talking walking stick innovation. Today, I am here with another patent, brought to my attention by the reliable, Naveen. Banking on certain patents to navigate your way through the world, is not an uncommon feature in knowledge driven industries and I embark on a mission to learn a few tricks. This patent, filed in 2008, by Universidade Do Porto, Portugal, seems to be an outcome of Academic Research.

The Guidance, navigation and information system especially adapted for blind or partially sighted people (US 20110172907 A1) patent aims to provide sound sign posts for the blind. The Abstract reads as follows:

Salient Features of Patent (Amendment) Rules, 2011

This post was first published on March 15, 2011. The draft Patent (Amendment) Rules, 2011 have been notified for publication in the Gazette of India. Any objections or suggestions may be sent by email to chandni[dot]raina[at]nic[dot]in within 45 days from the date on which the official gazette, containing the notification, is made available to the public. This amendment rules have made it easier for patent applicants and practitioner by providing for online filing of documents. Following are the salient features of the amended rules. Electronically authenticated documents may be filed online. Individual applicants may file documents online without electronic authentication by duly...

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AI named as inventor in patent, AI to be inducted in Patent Office’s operations, 3M versus Saint-Gobain 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.

“Patent News Bulletin: Indian Patent Statistics, Indian Design Statistics, Interesting Inventions, Artificial Intelligence based automated music composing model, Alert system to prevent smuggling of valuable trees,  IPO clarifies on submission of Declaration under Rule 14.17 via ePCT, AI to be inducted in Patent Office’s operations, 3M settles patent lawsuit with Saint-Gobain, Vodafone faces patent infringement suit in Europe, China to amend patent law, USPTO proposes hike in patent fees, AI named as inventor in patent and more” presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “Anyone who invents is an...

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Patent: Stem Cell Patent Debate Never Dies

This image depicts the technological advancement that is 'stem cell regeneration'. It depicts the harvesting of stem cells in a perti dish and their development into a human organ. But is this miracle patentable? Click on the image to read the full post.

 This post was published on May 2, 2011.   The debate with respect to genetic and stem cell patents is alive with the European Court of Justice's (ECJ) preliminary opinion in March. As per the opinion, embryonic stem cells are not patentable because use of totipotent stem cells amounts to use of human embryo for industrial or commercial purposes. As totipotent stem cells can develop into a human being and are derived from an embryo, they as per the opinion can be considered to be human embryo or based on manipulation of human embryo. This opinion was an interpretation of Article 6(2)...

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Battle of Instant Photography

This post was published on August 20, 2014.

 

August 19 is celebrated as World Photography Day! Photography, in layman’s language, is an art of producing images using a camera. The history of recording images dates back to the late BC, though this cannot be substantiated. Later, in 1839, Louis Daguerre, a French artist and photographer, introduced Daguerreotype, the first publicly announced photographic process. In 1840, the first American patent (US 1582) was issued in photography to Mr. Alexander Wolcott, for his camera that worked on the Daguerreotype principle. Now, telling you about all patents related to photography would be tedious. So, let me tell you the story of an interesting patent battle that took place between two pioneers in photography in hopes of gaining dominance in the field of instant photography.

A Patently Generic Win

This post was first published on April 23, 2012. In a landmark decision on a generic drug-maker’s ability to introduce a generic drug for uses not indicated on the branded product’s label, the US Supreme Court ruled in favour of Caraco Pharmaceutical Laboratories, a unit of Sun Pharmaceutical Industries, in its patent litigation against Novo Nordisk over Caraco’s generic version of Prandin, repaglinide tablets, a blood glucose lowering drug. The drug in question, Prandin, generically known as repaglinide, is used for treatment of Type-2 diabetes. The drug is approved for three different uses, out of which Novo had valid patent on one....

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Role of Third Parties in Patent Grant Process

This post was published on July 21, 2014.

 

The subject of today’s topic would probably leave a patent applicant feeling a bit like the reigns are slipping. A patent is not a piece of cake to acquire. The right owner of the invention be it an inventor or an applicant has to prove themselves beyond any doubt. It is the basic right of every individual to oppose the grant of any patent, in cases where such a grant would seem detrimental to a third party. Hence, it would be a justifiable opportunity for third parties to intervene in the procedure of patent grant.

Opposition

Under the Indian Patent Law, Opposition can be made twice during the life of a patent application. First is the Pre-grant representation under section 25(1) wherein any person may challenge the application for grant of a patent. Pre-grant opposition acts as a defensive shield to confirm the validity of patent applications before patents are granted. Post grant opposition under section 25(2) may be made only by any person interested at any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of patent.

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