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Patents

BananaIP Counsels > Patents (Page 61)

Strategy to Patent Jamun

This image depicts a bowl of jamuns. this post explores if jamuns can be patented. Click on the image to read the full post.

The Jamun patent saga, earlier reported to be the subject of government revocation has spurred discussions and debates across India on various counts, ranging from mode of revocation to CSIR's blind eye to Indian applications. My attempt in this post is not to add another opinion to the existing ones but to bring forth that a composition of Jamun can be susceptible to patent protection.  All of us in India will agree that we have a ton of traditional knowledge  (TK), most of which is either untapped or unused. In fact, at some traditional knowledge conferences, TK extremists have gone...

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Laws of Nature / State of Art Interface

The image depicts an RNA strand

The laws of nature exclusion is one of the basic exceptions to patent eligibility in  many jurisdictions. While the extent of its applicability may vary from country to country, it is recognized as one of the important elements for subject matter enquiry with respect to biology based inventions. Laws of nature include products of nature, natural relationships and natural phenomena, among others. The test that is commonly followed for determining whether an invention falls within the scope of laws of nature or not is the hand of man test. The test  precludes anything that is obtained by human intervention from...

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Final Rules For Administrative Trials Published

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will publish final rules in the Federal Register, relating to implementation of three administrative trial provisions of the Leahy-Smith America Invents Act (AIA); inter partes review, post-grant review, and the transitional program for covered business method patents. The administrative trial final rules offer a third party a timely, cost-effective alternative to district court litigation for challenging the patentability of a claimed invention in an issued patent. These rules become effective on September 16, 2012.The final rules for inter partes review and the transitional program for covered business method...

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