+91-80-26860424 / 34

Call Us Today




BananaIP Counsels > Patents (Page 67)

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

There’s No stopping Google!

The image depicts a magnifying glass over the Google logo.

Google, the tech giant is working on things that only few in the world would dare to take on. The company is finding opportunities in the changing environment and discovering, developing and innovating products, services and methods in order to satisfy the changing needs. Here are the two new fascinating technologies which the company is in the process of developing. Not too long ago, Google filed a patent in the USPTO that reveals a concept for an in-car tool which uses wearable device, apparently an android powered smart watch, for detecting whether the wearable user is actively driving the vehicle or...

Continue reading

Proposed amendment in Patent law by DIPP

  The Department of Industrial Policy and Promotion (DIPP) intends to bring about some wonderful changes to the existing patent law. A quick look at the proposed changes suggests significant variation from the existing law and introduction of procedures to expedite grant of an application and revised set of rules for patent opposition. The patent applicants (their competitors too) and their agents have been long aggrieved regarding certain patent protection procedures which the DIPP now has taken notice of and have worked on simplifying the procedure by introduction of the following provisions. Our comments and detailed analysis will be published soon.   S....

Continue reading

Gene Sequences and Patents: Australian High Court Narrows Scope

gene Sequencing

GLOBOCAN (WHO) released some unpleasant statistics in 2012 with respect to Breast cancer. The report noted that Breast cancer was the second most common cancer in the world and, by far, the most frequent cancer among women with an estimated 1.67 million new cancer cases diagnosed back in 2012 alone. The following year in June 2013, one of the most landmark decisions was arrived at by the US Supreme Court in the case of Association for Molecular Pathology v. Myriad Genetics. To provide a brief history of the case, it was a case challenging the validity of gene patents in the...

Continue reading

Apple Loses against WARF in Patent Lawsuit

The image depicts the Logo of Apple Inc. The image is relevant as the post is about Apple losing to Smartflash. Click on the image for full description.

The Wisconsin Alumni Research Foundation (WARF) won against Apple Inc. when it was found by federal jury that Apple has incorporated the technology of WARF’s patent (U.S. Patent No. 5,781,752 (patent '752)) into the A7,A8 and A8X processors used in the iPhone 5s, 6, and 6 Plus. The jury concluded that Apple has violated the ‘752 patented idea into its products to achieve enhanced efficiency and speed of computer processing without WARF’s permission and ordered Apple Inc. to pay WARF of $234 million in damages. The ‘752 patent, entitled “Table Based Data Speculation Circuit for Parallel Processing Computer,” was filed on...

Continue reading

Gujarati folk dance and Dussehra

  Dussehra, also known as Vijayadashami, is one of the most important Hindu festivals celebrated on the tenth day of Ashvin month, according to the Hindu calendar. It is celebrated throughout the country with great zeal and enthusiasm. It is believed that it was on this day that Lord Rama killed the demon-king Ravana and rescued his abducted wife Sita. Dussehra celebration spreads the message of the victory of good over evil. This festival is celebrated in varied traditions across India wherein few of the local events include performing Ramlila (a short version of Ramayana) in Northern India, a procession including goddess...

Continue reading

Patent Law in India- PPT on Introduction to Patent Law by Dr. Kalyan C. Kankanala at NLSIU

This presentation was delivered by Dr. Kalyan C. Kankanala at NLSIU, India, as a part of the Patent law course offered for PGDIP students. The presentation covers: Types of Arguments - Ignorance, Denial, Balancing and Advantage; Class exercise on argumentation; Patent Philosophy; Patent Life Cycle; Patent incentives - invent, invest, disclose, design around; Patent Domain V. Public Domain; Rationale for Patent Protection - Social, Economic, Utilitarian and Tragedy of Commons; Progress of Science and Technology and the Patent System; Industrial Progress and the Patent System; Public Interest and the Patent System; and Role Play - Idea Protection Law - thoughts. [slideshare...

Continue reading
Speak with an IP Expert Today
close slider