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BananaIP Counsels > Patents (Page 8)

Patent and Public Domain Balance – 1

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First Publication Date: 1st December 2009 Patent Law is believed to promote the progress of science and technology by providing exclusive rights to inventors for a limited period of time. It operates on the principle of 'Quid Pro Quo' or 'Give and take'. An inventor gives an invention to the public and takes exclusive rights over it for a limited period of time.The grant of exclusive rights is believed to provide incentives to invent, invest, design around and disclose. Possibilities of commercial benefits during the period of exclusive rights is believed to encourage inventors to invent and investors to invest. Incentive...

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Shall we Amend the claims during Litigation?- Agc Flat Glass Europe Sa vs Anand Mahajan And Ors

The image depicts the main building of AGC situated in Netherlands.

First Publication Date: 9th November 2009 In my earlier post I had discussed about the prosecution and litigation and the effects of prosecution on the outcome of litigation. Friends, here is a case where the Delhi High Court has allowed a Patent holder to amend his claim (or, should I say extending the scope of claim) after a suit for infringement has been filed. An Indian Patent (no. 190380) has been granted to AGC flat glass (formerly, known as Glaverbel). AGC files a suit for infringement against Saint Gobain Glass (alleged infringer). Facts: 1) AGC’s invention is a product called Mirox New Generation Ecological Mirrors...

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Open Source Software and Patent Risks

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First Publication Date: 8th November 2009 Software can be protected under both copyright and patent law. While copyright protection for software existed for a long time, patent protection for software evolved during the last decade. Copyright over software protects the literal and/or artistic elements of the software such as code and/or user interface. On the other hand, a patent over software protects functional elements of the software. The concept of 'Open Source Software' (OSS) evolved in response to proprietary software and restrictions under copyright protection. Owners of proprietary software exercised exclusivity and withheld source code under the copyright law. They released only...

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Patent Infringement Case – Garaware Vs Techfeb – (2nd post in a series of related posts)

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First Publication Date: 19th November 2009 In my previous post I had analyzed the claim of the patent that is alleged to have been infringed. In this post, I will follow it up by analyzing the complete specification, and commenting on the manner in which the patent specification is drafted and positioned for examination. I have uploaded the patent specification for those of you who want to give it a read: IN195352 - Garware - Garaware vs Techfab The invention (I am calling the subject matter claimed in the specification an "invention" as a patent is granted to it. However, we will scrutinize the...

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Patent Infringement Case – Garaware Vs Techfeb – (1st post in a series of related posts)

The image depicts a gabion alongside a river.

First Publication Date: 7th November 2009 An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent. The details of the case can be found if you have access to Manupatra, or just try googling for details, and you might just get lucky!While there are various issues that I would like to analyze...

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Life of a Gene in India

The image depicts a picture of a dna as the post is about life of a gene patent in India.

First Publication Date: 3rd November 2009 Last weekend, at a training session in Hyderabad, I was once again confronted by the ever sizzling issue of Indian Patent Office's stand with regard to patenting of Gene Sequences. The outcome of that heated argument is this post of mine. Prior to signing the TRIPS, any invention even remotely linked with living organism (including micro organisms) was not patentable subject matter in India. Article 27 (3) of TRIPS required its signatory to allow patents for microorganisms. Thus, in an effort to be compliant with the TRIPS agreement, the Indian Patent Act was amended in order...

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Claims! A legal fence and Public Notice

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First Publication Date: 1st November 2009 The government in the guise of the patent office is guided by the Patent Act and rules of the respective country to confer the necessary rights to the inventor(s) for his/her invention. The extent of the rights is determined by the scope of the claims in a patent application which the inventor(s) files with the patent office. The two broad factors that largely tend to affect the scope of the claims are: 1) The prosecution history of that particular application; and 2) The court’s interpretation of the claims while the patent is in litigation. After an application for a...

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To publish or not: Well, it depends!

The image depicts a cartoon of a newspaper as the post is about publication of patent application.

First Publication Date: 5th November 2009 In US, it is possible to block publication until grant of a patent application provided certain conditions are met. According to § 1.213 of MPEP, if the invention disclosed in an application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the application will not be published, provided: (1) A request (non-publication request) is submitted with the application upon filing; (2) The request states in a conspicuous manner that the application is not to be...

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Guidelines for writing an abstract from the Indian Patent Office

The image depicts a person writing a the post is about guidelines for writing a patent abstract for the Indian Patent Office.

First Publication Date: 1st November 2009 According to Section 10(4)(d) of The Indian Patent Act, every complete specification shall include an abstract section to provide technical information on the invention. According to Rule 13(7) of The Patent Rules, the abstract section shall begin with the title of the invention. The abstract shall also indicate the technical field of the invention, the technical problem the invention solved by the invention, how the invention solves the mentioned problem and the use(s) of the invention. If a chemical formula is an essential part of the invention, the abstract shall also contain the chemical formula. Also,...

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Weekly Patent News: SIPP scheme, UGC asks Universities to provide IPR as an optional subject, NASA to License Patent Portfolio, Treadmill patent infringement and more

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“Indian patent statistics, Interesting inventions, CGPDTM & DIPP issue notice for empanelment of facilitators under SIPP (Startup Intellectual Property Protection) scheme, UGC asks Universities to provide IPR as an optional subject, Patent infringement disputes, Treadmill patents, NASA to License Patent Portfolio and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design quote of the Week “Design must be functional, and functionality must be translated into visual aesthetics without any reliance on gimmicks that have to be explained.” – Ferdinand  Porsche, founder of the Porsche car company. Indian Patent Statistics A total of 785...

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