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BananaIP Counsels > Patents (Page 6)

Shielding Patent Attacks – A peek at patent defenses in India

First Publication Date: 11th December 2010 infringement liability. A person falling within the scope of a defense will not be liable for infringement though his product or process is infringing. Some of the defenses to patent infringement recognized under the Indiann Patent Law are:A. Experiment, Research or Education; B. Bolar Exemption; C. Government use; and D. Parallel Imports.A. Experiment, Research or Education Use of a patented invention for experimentation or research is a defense to patent infringement. The provision relating to experiment and research under the Indian law uses expansive language and can be interpreted to have a very broad scope. Economic objectives of the...

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Negotiating License Agreements

First Publication Date: 9th December 2010 This is in furtherance of my post on drafting patent licenses. The final deal in a license transaction depends on how well a person can negotiate and not on what is fair. "You get what you bargain for and not necessarily what is fair." Therefore, preparation for a license negotiation and negotiation skills play an important role in the final outcome. The first step towards preparing for a license negotiation is patent strength evaluation. A Licensor or Licensee must be well aware of the strength of his patent or portfolio in the light of other patents....

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A conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010 Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification- (a) has been anticipated by publication before the date of filing of the applicant’s...

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Drafting Valid Patent Licenses

First Publication Date: 8th December 2010 The clauses in a license agreement vary based on the nature of the patented invention. Each technology has certain unique characteristics and applications, which influence license drafting. Some of the basic clauses that go into every license agreement are as follows:This post is in furtherance of the post "Sensing Licensing Opportunities". A license is an authorization given by the patent holder to exercise the exclusive rights granted by the patent. It permits the person acquiring the license to practise the patented invention in the manner allowed under the license. Therefore, a license agreement must clearly...

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Mitigating Patent Risks

First Publication Date: 7th December 2010 This is in furtherance of the post  "Assessing patent risk in India". Mitigation and management of patent risks assumes very high importance in the light of increasing patent enforcement in India. Risks from patents primarily come from infringement of patents of others. Some of the common strategies for risk mitigation are as follows: a. Design around; b. Licensing; and c. Invalidation. a. Design Around Risks from a patent can be mitigated by designing around the claims of the patent. If a product or process is so designed that it does not fall within the scope of the claims it...

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Weekly Patent News: Indian Patent Statistics, Interesting inventions, DIPP publishes draft patent amendment rules 2018, International patent news 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, DIPP publishes draft patent amendment rules 2018, European Patent Organization elects a new Chairperson, Alibaba all set to join the Open Invention Network, after Microsoft, LIPO launches its first ever web portal for IP Filings, IPOS grants its first patent under the FinTech Initiative and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “The ultimate strategy is to increase business and net worth by using intellectual property. Any winning IP strategy will have at least two goals: to create or acquire intellectual...

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Sensing Licensing Opportunities

First Publication Date: 6th December 2010 Licensing is one of the important ways by which companies generate revenue from their patents. Assignment or licensing is the only way by which many dedicated research firms, that develop a portfolio of patents through focussed research make money. For many knowledge driven companies patents add value by providing competitive advantage or business advantage through exclusivity. Decision with respect to investments in R and D are made by most companies based on possibilities of patent acquisition. On the other hand, Universities and Government Institutes generally protect some of the inventions created from research and their...

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Greatest Path breaking Invention!

First Publication Date: 2nd December 2010 Since the Neanderthal age man has been on a perpetual quest to improve its living conditions which has made it possible for science to advance from one stage to another. Man is a curious being and to satisfy its insatiable curiosity it has constantly been on the lookout for new things. The essential human journey has witnessed visionaries and inventors  who have always been in a race with time which has resulted in marvelous inventions designed to lessen human hardship and has revolutionized the human life. Inventions like the Bulb, the Steam engine, the Telephone and...

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Telephone – Inventions that revolutionised the world

First Publication Date: 27th November 2010 The most common devices used for transmitting the voice signal over a greater distance are pipes and other physical mechanical media. All of us as a child must have used this form for communication. Another device used for centuries for voice communication is lover’s phone or tin can telephone. The classic example is the children's toy made by connecting the bottoms of two paper cups, metal cans, or plastic bottles with string. But the invention which changed the entire scenario of the communication is the telephone. It revolutionized the entire communication system. People could hear...

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Steam Engine – Inventions that revolutionized the world

First Date of Publication: 26th November 2010 In the era, when the Scientific Revolution occurred and mechanics was established as science, Sir Isaac Newton was known as a scientist rather than a natural philosopher, the world took a massive step towards the modern world. The advent of newly invented machines became part of the daily and economic lives. Textile production was the bustling trade in 17th century but geographically it was focused mainly around Greater Manchester, Pennines and Lancashire. Thus it faced the problem of geographical separation. At that time, horses and rivers were used for transporting goods from place to place....

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