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Patents

BananaIP Counsels > Patents (Page 9)

Cross-Border Patent Protection

  This post was first published on July 16th, 2014.   Patent protection is territorial in nature. A patent application filed in a country can entail the enjoyment of patent rights in that country only and thus a patent application has to be filed in countries where the applicant intends to gain protection. Thus in order to seek patent protection in multiple countries, the applicant will have to file the application in each of these countries. There is no limitation on the number of countries where a patent application can be filed. A foreign application can be made in the following ways: Direct...

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The Right Time and Means to Publish a Patent Application

This post was first published on 18th July, 2014.   If an invention has been published or publicly displayed, it will not be eligible for patenting except for in certain cases. As part of this post, we will look at an essential stage in the patenting process called Publication. We will also discuss the exceptions, where prior publication may not hinder the patenting of an invention. In India, once an application for a patent has been made, the application shall be published by the Patent Office for public inspection, before the expiry of 18 months from filing or priority date. Under Section 11A of the Indian Patent...

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Denial of Opportunity to be Heard Violates Principle of Natural Justice

This post was first published on 16th July, 2014.   Today, we will take a look at a case where the IPAB ruled in favor of the appellant, remanding the case back to the Controller on the principle of natural justice! Telefonaktiebolaget Lm Ericsson (Publ) (Appellant) v/s Controller General of Patents and The Assistant Controller of Patents (Respondents) Case: This particular order is in response to an appeal filed by Ericsson against the order passed by The Assistant Controller of Patents rejecting the Indian application (5294/DELNP/2005) filed by them for an invention titled Secure Traffic Redirection in a Mobile Communication System, based on a corresponding...

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“Children, Don’t Just Invent, File Patents!”

The image depicts a robotic child wearing a Graduation Hat. This image is relevant as the article is about Patent. Click on the image for more information

This post was first published on 14th November, 2014.   The secret of genius is to carry the spirit of the child into old age - Aldous Huxley Every child is a genius. I wish all SiNApSE readers a very Happy Children's Day. This post brings you the knowledge about 4-year-old Sydney Dittman, who invented an aid for using knobs, called Aid for grasping round knobs (US 5231733), an extremely useful invention for the disabled. She invented it while playing with her toys and now you know that inventing is nothing but play and fun. For Patent Geeks, here is the info: Abstract: Apparatus for grasping circular knobs which...

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Reverse Engineering is Legitimated by Reason: Sega v. Accolade

This image depicts two person trying to put the puzzle together. This image is relevant as it was decided in the case of Sega vs Accolade that Reverse Engineering is limited by Reason. Click on the image for more information

This post was first published on 11th November, 2014.   In one of our recent posts on reverse engineering, we discussed fair use for intermediate copying. Today, we will look into another landmark case that legitimizes copying based on a justifiable reason! In Sega v. Accolade, Accolade used a two-step process to create video games compatible with the Sega Genesis game console. The first step was to reverse engineer the system and create a development manual. Accolade purchased a Genesis video game console and three game cartridges. Then the system was wired up so that the data moving between the cartridge and the console during game...

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Patent War: Is the US Arm-twisting India?

This image depicts a man twisting the arm of another person. This image is relevant as the topic itself has the question whether US is arm-twisting India. Click on the image for more information

This post was first published on 4th September, 2014.   India’s domestic Patent Laws have flourished prominently and recent patent rulings have suggested that Indian Patent Laws are consumer friendly. However, recent discussions with the US prompted a need for us to defend our IPR regime. In their view, the underlying Indian Law still tends to favor weaker rather than stronger protection of IP. A number of issues raised in negotiations on TRIPS regime for implementation of Patent Laws in developing countries such as India have been selected to the satisfaction of developed counties such as the US and certain European countries. There are...

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Patently Asia – A Drug War!

This image depicts a Samurai Warrior with leaves falling on her. This image is relevant as the founder of Kratom is Natalie. Click on the image for more information

This post was first published on 25th November, 2014.   Japanese Patent about a pain-killing drug extracted from 'Kratom' (Mitragyna Speciosa), a well-known Southeast Asian medicinal plant, is creating contradictions. Patent documents and other publications reviewed, are silent on the origin of Kratom utilized by Chiba and Josai. Patents have been issued in Japan and the US, and patent applications may be pending elsewhere.   How the Plant became a Painkiller drug: In the early 2000s, Japanese researchers began analyzing compounds extracted from Kratom as part of a program to assess medicinal plants. They identified one Kratom compound, 7-hydroxymitragynine, as having particularly potent painkilling effects - considerably stronger and with no side effects, than even morphine,...

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Wacky Patents 2 – Ouija Board

This image depicts the name of OUIJA Board. This image is relevant as the post is all about OUIJA board and its use. CLick on the image for more information.

This post was first published on 14th November, 2014.   Next up in the series of Wacky Patents is a board game which has spooked people for ages! This humble board game has been a source of spook for many. Ouija (pronounced wee-jee) is derived from compounded French word, ‘Oui’ and German word, ‘Ja’, both meaning “Yes”. It was originally a trademark owned by Kennedy Novelty Co. which later became generic when people started to use the word for any talking board. What was previously used as a medium for communication with the dead, was later patented with certain improvements. The US Patent Office...

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Indian Patent Portfolio of German Car Manufacturers

This post was first published on 16th April, 2012.   Germany is considered to be the birthplace of the automobile since late 1870's when Karl Benz and Nikolaus Otto independently developed four-stroke internal combustion engines. Germany has the largest share of passenger car production in Europe with over 29% market share, followed by France (18%), Spain (13%) and the United Kingdom (9%). Nearly six million vehicles are produced in Germany each year, and approximately 5.5 million are produced overseas by German brands. Germany is placed 4th among automobile manufacturers in the world after US, China and Japan. Some of the leading car manufactures...

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Statement of Working to Compulsory Licensing – Are We Missing Something?

This post was first published on 8th April, 2011.   As pointed out by Supriya in her post, a compulsory license may be granted if a patent is not worked in India and reasonable efforts are made to acquire a license. Does the working of a patent in India mean that the patented invention must be manufactured in India? Reading of sections 83 and 84 of the Patents Act take us to that logical conclusion. The sections clearly point out that working of a patented invention in India through only importation would not be enough to avoid a compulsory license.  Form 27...

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