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BananaIP Counsels > Patents (Page 63)

Prosecution History Estoppel

Patent prosecution is an iterative process and it is during this process that the applicant often changes the language of their proposed claims. The doctrine of prosecution history estoppel, formerly known as file wrapper estoppel has been defined as an equitable tool for determining the scope of patent claims. This occurs when an inventor amends the patent application by narrowing the claims during the course of patent prosecution to overcome a rejection. It has received a great deal of attention from the courts recently. The innovators and competitors are left without a clear indication of what is and is not...

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European Plant Patent

How is it even possible! I know, but that’s true. European fruits and vegetables have come under threat since the European Patent Office decided this spring to allow the patenting of natural plant properties. But that’s not legal! You are right! As of now according to part G-chapter II-5.4.1 -when a claim to a process for the production of a plant variety is examined, Art. 64(2) is not to be taken into consideration (see G 1/98). Hence, a process claim for the production of a plant variety (or plant varieties) is not a priori excluded from patentability merely because the resulting product constitutes...

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Ford Patents Autonomous Vehicle for Charging

Conventional plug-in hybrid electric vehicle (PHEV) is a combination of two propulsion systems, one is an IC engine propulsion system and the other is an electric propulsion system in which electric motor powered by a battery element is used for propulsion.  The purpose of electric propulsion system is intended to achieve either better fuel economy than a conventional IC engine or better performance.  To re-charge the battery element, manual operation has to be carried out by plugging the battery element to an electrical power source via heavy duty cable. American automotive giant, Ford tops the leader board in holding most number...

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Ignition, Gear and Lift-off!

The featured images shows the flying carby terrafugia This post is about a flying car that has been granted a patent in the US. To read more click here.

The idea for a flying car has now moved a step closer to reality from fantasy. The world's biggest automaker Toyota recently filed a patent application revealing a flying vehicle resembling a hover car or a roadable aircraft. The USPTO has published the patent application disclosed in application no. 14/194,795 on September 3rd, 2015. The patent discloses a vehicle that can be both, flown as a fixed wing aircraft and driven as a land vehicle. The invention titled “stackable wing for an aerocar” discloses dynamic wings which can be collapsed into a body of a car in a roadable mode and...

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Extension of Waiver for Pharma Patents until 2033 A.D.

After intense negotiations between the United States and the Group of Least-Developed Countries, the World Trade Organization committee on intellectual property rights finally decided to extend a waiver allowing LDCs from applying and enforcing IP rights on pharmaceutical products until 2033. The consensus among the World Trade Organisation (WTO) members over extension of waivers in respect of pharmaceutical patents for the least developed countries (LDCs) is being held as a major breakthrough in the world of pharmaceutical patents. Following the decision arrived on 6th November 2015, LDC members of the WTO will now be allowed to maintain maximum flexibility in their...

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Samsung and Huawei Lose Patent Fight against Unwired Planet

The image depicts the Samsung Logo.

In a recent development in the realm of SEP’s , a US technology firm; Unwired Planet, Inc. has won the first round against electronic giants Samsung and  Huawei over a mobile communication technology said to be essential to the 4G telecommunication system. The interim judgment was passed by the UK Patents Court against as many as 8 parties including Samsung, Huawei, Google and its subsidiaries, and Ericsson earlier this year in July 2015. In March 2014, Unwired Planet brought a claim for patent infringement against Google, Samsung and Huawei. The claim was brought for infringement of six of Unwired Planet's patents,...

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Patent Trolls – Lesson No. 2

In furtherance to my recent post on patent trolls or the Non Practicing Entities (NPEs), I would like to discuss here in this post about how software technology is becoming a treasure trove for patent trolls.  Cloud based business products are one of the major business fields today. Software-oriented platforms such as C (SaaS) providers are primary targets for the patent trolls. General observation indicates that in the area of software patents the patents are much broader. In several instance, patents that ideally did not deserve to be granted have been granted. Software patents generally protect the method rather than the code...

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Here’s how to file a Patent application in India

The process of filing an application for patent differs from one country to another. In this post we will take a look at some of the basic forms and also the details which are required to be provided at the time of filing a patent application in India. Depending upon the type of application to be filed, there might be a few changes in the Forms that need to be filed. Let us take a look at the most basic types of forms as well as the details that are needed to be filled while filing a patent application in India....

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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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