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BananaIP Counsels > Patents (Page 61)

Can Patents Be Extensible Beyond 20 Years?

Patent, as we know is an exclusive right granted to the owner of an invention for a period of 20 years. Although 20 years sound like a long time, the term is actually calculated from the date of filing of the application or if an international application is claimed from the priority date of an application. Of the 20 year term, the period from the grant till the expiry of the patent is the real time a patentee enjoys the maximum benefit of his invention. From the time of filing to the time of grant, an application undergoes many processes and...

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What you need to know about Patent filing

  When an individual comes up with an idea followed by an invention drawn from that idea, it is wise on his part to monopolize his right over the invention. In such a scenario one has to seek protection for his invention with the respective authorities. This write up briefly summaries the essentials of patent filing. Any invention or technology which has not been anticipated by publication in any document or used in the country or anywhere in the world before the date of filing of patent application i.e., subject matter of the invention has not fallen in public domain or it...

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 Cyber Sex Toys and Patent Infringement – Sex Patents IV

Zu Technologies, a non-practising entity, has recently filed patent infringement suits against KickStarter and seven makers of sex toys having haptic features. The patent in the suit relates to a device and method for interactive virtual control of sexual aids using digital computer networks. The patent is popularly referred to as Teledildonics Patent as it relates to electronic sex toys that can be controlled by computing devices. In addition to KickStarter, the suit was filed against omingle, Holland Haptics, Vibease, Winzz, Frixion, Internet Services, and WMM. Zu claimed in the suit that by manufacturing, selling and offering for sale, sex toys...

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The Collapsible Bicycle

  Earlier this year, the USPTO published a patent application, filed by the American automaker Ford, for a new car that would give users an option to remove certain car parts and reassemble them into a bicycle. The invention titled as “Collapsible Bicycle” could become an important innovation in the field of future mobility. The publication discloses a bicycle that can be stored in the body of a vehicle. With the new proposal, the automobile giant is trying to solve the problem of lack of parking space in a heavily populated city. The proposal also puts forward the possibility of allowing...

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Claim Amendments for Common Rejections during Patent Prosecution

Rejections under 35 U.S.C. 101 Rejections under this clause are based on the fact that claims do not fall within one of the four statutory categories of acceptable subject matter: process, machine, article of manufacture or composition of matter. One of the ways to overcome this rejection is by claiming an invention by properly citing the subject matter. In telecom patents, ‘signals’ cannot be claimed even though they are a part of the telecom industry. For example : A method for managing resources allocated to at least one virtual machine in a network, by a Virtual Machine Controller, said method comprising: real time monitoring, by...

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Caterpillar Patents Next Generation IC Engines

Conventional IC engines generally use diesel or petrol as a mode of fuel in the combustion chamber for generating power. A major problem with this is that the IC engine emits harmful gases into the atmosphere resulting in adverse effects on living things and environment. Another problem that the IC engines faces is the lack of fuel efficiency. Caterpillar is a leader in manufacturing heavy duty vehicles and earth movers like bulldozers, articulated trucks, excavators, compactors, harvesters, etc. The firm was recently granted U.S. Patent No. 9127600, titled Method and Apparatus for generating useful work from the vent gas of a...

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USPTO’s Novel Initiative – EQPI


Recently, the USPTO announced two new programs under the Enhanced Patent Quality Initiative (EPQI) that are designed to improve the quality of Patent Prosecution in the United States. This program will add more detail to the record of each U.S. patent application. According to the PTO Director Michelle K Lee “Patents of the highest quality can help to stimulate and promote efficient licensing, research and development, and future innovation without resorting to needless high-cost court proceedings.  Through correctness and clarity, such patents better enable potential users of patented technologies to make informed decisions on how to avoid infringement, whether to...

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US-ITC versus Clear

The US Court of Appeals for the Federal Circuit recently passed a decision against an order of the United States International Trade Commission (ITC) which sought to block the import of digital data that violated patents. The decision was passed on 10th November this year, in the case of ClearCorrect Operating, LLC, ClearCorrect Pakistan (Private), Ltd., v. International Trade Commission and Align Technology, Inc. Align Technology is a multinational medical device company based out of San Jose, California.  Align Technology filed a patent infringement case in 2012 with the United States International Trade Commission (ITC) when it found that ClearCorrect operating...

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Infringement Analysis of SEPs

Featured image reads Patents, as the post is about patent infringement. To read the post click here.

Standards are important for the purposes of compatibility and inter operability of components/devices and products. Technical standards mainly decide the interoperability in operation. These standards are mainly defined and set by a competent body such as an SDO (Standards Development Organization), even though there is no universally set standard used to qualify a patent as an essential patent. The process of qualifying and determining a patent as a standard essential patent(SEP) may depend on many factors, such as the type of SDO, the power, influence and the interest of the members of SDO, the technological solution and the potential commercial...

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Patent trolls – Lesson No. 1

  Patent trolls are organizations that aggressively defend patent libraries without manufacturing products of their own, which is why they are often referred to as Non Practicing Entities (NPEs) or Patent Assertion Entities (PAEs). These NPEs hardly contribute to research and development through innovation since they are rarely the original innovators. Moreover, the NPEs own patent libraries by buying inventions and patents cheaply from individual inventors and small entities who are not seeking to enforce them and licence the acquired patent technology for commercial gains. Patent trolls often make broad claims of infringement based on their patents of questionable validity, taking advantage...

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