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BananaIP Counsels > Patents (Page 59)

Erotic Patents – Sex Patents II

Following the earlier post in the series - Sex Patents 1, we bring to our readers a series of patents applied and granted, primarily in USA, with respect to love making, sex and eroticism. Please do not try them without appropriate research. All patents are not necessarily workable without due experimentation. Sex, Consent, Patents Consent is everything in sex. Here is a patent that enables one to capture consent before having sex. A device to record evidence of consent given by a person consenting to engage in a sexual act. - WO 2002015785 ABSTRACT An evidence of consent device being configured for use by a...

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The times, they are a-changin’

In a previous post, we informed our readers about the new, draft patent rules that have been proposed by the Department of Industrial Policy and Promotion (DIPP), Government of India. The preceding post by Ms. Nisha Kurian presented an analysis of the proposed rules and sought to answer the question, if all measures to accelerate the patent registration process had been explored by the DIPP through these rules. While the proposed draft patent rules are likely to become effective from the 26th of November, 2015 in India, the USPTO also seems to have introduced some new rules that have become effective...

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DIPP Draft Patent Rules

  There has been a lot of commotion and discussion regarding the recent DIPP proposed amendment to the Patent Rules, 2003. To any agonized patent applicant, these suggested amendments are a relief from the tardy process of awaiting examination and grant for an application which in toto approximately takes 6-7 years. The entire process delays the enjoyment of the monopolistic right offered by a patent. Thus, the number of years that an applicant enjoys his patent right gets significantly reduced and for many applicants, this becomes the root cause of several monetary losses. On the other hand, when there is no...

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DIPP Draft Patent Rules – Salient Features

The DIPP recently issued new draft rules in a notification dated 26th October, 2015. The new draft rules propose several amendments to the ‘The Patents Rule, 2003’. Some of the key changes proposed are summarized herein. Changes related to communication with the Patent office: The Indian Patent Office as of date accepts patent applications filed physically and any communications made to the Patent office through postal or courier services. However, according to the new proposed draft rules the words “or courier service” wherever they may occur in sub-rule (1) of rule 6 will be omitted. Similarly, the draft rules propose the...

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Automobile Patents: Moment-cancelling Four Stroke Engine

In the world of super cars and super bikes, we often sideline the numerous components which go into making these ‘mean machines’. One such component is the internal combustion engine (ICE). An ICE is a heat engine where the combustion of fuel occurs with an oxidizer, in a combustion chamber, that is essential to the working fluid flow circuit. Internal combustion Engines are in general subjected to torsional vibrations due to the moment produced by the reciprocating pistons connected to a single crankshaft via a connecting rod. The torsional vibration developed in the crankshaft tends to transmit the torsional vibrations...

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Patenting Trends in the Automobile Industry

  The automobile sector is one of the fastest growing, competitive, and highest revenue earning industries. Keeping in mind the stiff competition, most leading automobile companies actively protect their IP. This post brings to light recent patenting trends seen in the automobile industry. The recent patent deployment strategies of established players demonstrates considerable improvement in  technological areas such as propulsion, telematics, safety and security.   Propulsion technology remains a hot topic among the automobile giants. The automakers aim to satisfy a long felt need to maximize fuel efficiency. Their research and development teams are continuously working hard to boost the average fuel efficiency...

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Patent Process- Examination of Patent Applications in India

Once a patent application is filed in India and published after 18 months of filing the application, the next step involves the examination of the patent application. The examination process starts once the applicant files a request for examination within 48 months from the date of filing of the application or the priority date whichever is earlier. During the first examination stage, the examiner prepares the examination report incorporating all the statutory objections for the given patent application. The examiner performs a patent search in order to identify the prior arts relevant to the invention. The objections are well communicated and...

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Role of a Scientific Advisor/ Expert in Patent litigation

Decision on Non-obviousness of Patent

Patent law is one of the most complex legal areas, more specifically a techno-legal area where lay persons, including judges and patent attorneys have a hard time understanding the facts and technologies discussed during patent litigation cases. A scientific advisor or a scientific expert in the specific technology plays a crucial role in educating and presenting intricate technological issues, he/she helps translate complex technology and communicate the legal implications of conclusions into terms the judges and the patent attorneys can understand. Patent-inexperienced judges have to spend an “inordinate expense of time" merely to understand the technological jargon used in technological...

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CGPDT Annual Report (2013-2014)

  A few months ago, the Office of the Controller General of Patents, Designs, and Trademarks released their annual report (hereinafter referred as ‘report’) for the 2013-2014 financial year. The report explains in detail, all statistics pertaining to Patents, Trademarks, Copyrights, Designs, and Geographical Indications (GI), for the aforementioned time period. Let’s have a look at the statistics and analyze the transformation Indian IPR system is undergoing. We begin our analysis with the Patent domain.   The Patent system has a well set framework, which allows a patentee to enjoy exclusive monopoly over the patented invention, during the term of patent. Though the...

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Standard-Essential Patents & FRAND licensing in India

The requirements regarding licensing terms and procedures for enactment of national standards especially in the field of information communication technologies is an important development in the regulations which affect a business enterprise’s licensing negotiations. In a device, the technology in each component has to work together, i.e. Devices typically need to comply with some standards or protocols by which devices communicate with each other and other technology to achieve their functionality. For example, smart-phones made by different manufacturing companies, are designed to be compliant with 4G standards so as to be able to function in international markets without making variations...

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