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Intellectual Property News and Analysis – Intellepedia

James Cameron: Revolution of Underwater Cinematography

This image depicts world renowned Movie Director James Cameron holding a Camera. This image is relevant as he has earn accolades for his Underwater Cinematography. Click on the image for more information

This post was published on September 04, 2014.

 

A movie, a series of pictures, combined with sound effects and the lighting, is entertainment to people and business to its makers. But a truly good movie is something that touches people at their deepest emotions and leave an impression. When I think of a film director who has given audience some of the best films, one person that strikes my mind is James Francis Cameron.

Some of his works include Titanic, Aliens, Rambo: First Blood Part II and so on. After Titanic, he began working on a project that took almost 10 years to make. The movie is none other than Avatar, which took the film industry by storm, and he received nominations in three Academy Award Categories.

Indian Patent Statistics Interesting Inventions, Patent Dispute Settlement, Patent License Agreement and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Patent News Bulletin: Indian Patent Statistics, Indian Design Statistics, Interesting Inventions, Sony & Fujifilm settle patent dispute, OPPO signs patent license agreements with Intel and Ericsson and more” presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Indian Patent Statistics A total of 1360 patent applications have been published in the 32nd issue of the Patent Journal, 2019. Out of the 1360 applications published in the journal, 158 applications account for early publications while 1202 applications account for ordinary publications or publications occurring after the 18 – month period. A total of 438 applications have been...

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Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

  The Government of India has recently unveiled the draft of the E-Commerce Guidelines for Consumer Protection, 2019, seeking inputs from stakeholders. The Ministry has given time until September 16, 2019 for the stakeholders to provide their suggestions, and to understand the applicability of the Guidelines in general. The two-fold objective of the Guidelines is: to ensure maximum consumer protection by checking fraud and unfair trade practices; and to protect the legitimate rights and interests of the consumers. The prime highlight of the Guidelines is the priority given to the interests of the customers transacting online. The guidelines consist of six sections in all,...

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Twitch Bans Gamers for Streaming a Copyrighted Debate, Flipkart Enters the Video Streaming Market, Karigar Store-Latest Addition on the Amazon Website and more.

Copyright and Entertainment Laws News

The Information and Broadcasting Ministry is All Set to Monitor Digital Media; US Senate Judiciary Committee approves the Small-Claims Copyright Bill (CASE Act); Twitch Bans Gamers for Streaming a Copyrighted Debate; Flipkart Enters the Video Streaming Market; Facebook to Launch a Dedicated News Section; Karigar Store-Latest Addition on the Amazon Website; Fed-Ex Ends Partnership with Amazon and more. NATIONAL The Information and Broadcasting Ministry is All Set to Monitor Digital Media For the purpose of monitoring the media better, the Information and Broadcasting Ministry issued a notification on 7th August 2019, declaring that it is on the hunt for an agency for compiling...

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Shamnad Basheer, a Pioneer in the IP World Passes Away

We are  deeply saddened to learn about the untimely demise of Shamnad Basheer, a pioneer in the IP world. We will truly miss him and extend our heartfelt condolences to his family and friends. Shamnad's passing away leaves a void  in Indian Intellectual Property that cannot be easily filled. We will always remember  his contributions to IP law and policy, and will never forget his dedicated efforts towards making medicines accessible. BananaIP pays its tributes to  Shamnad, a noble and distinguished IP professional, who has left a legacy that will always be remembered....

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Patent Invalidation in the US: The Good, the Bad and the Ugly

This post was first published on July 18, 2014.

 

After studying citations from patents that were invalidated by US Judges, researchers from the London School of Economics commented, “Patent invalidation has a significant impact on cumulative innovation in the fields of computers and communications, electronics and medical instruments (including biotechnology). We find no such effect in fields involving drugs, chemicals or mechanical technologies.” Let us now take a look at why this discrepancy exists.

What is patent invalidation?

The Patents Act outlines circumstances under which a granted patent can be revoked on certain grounds.

Who is affected by this and how has this come to be?

Start-ups seem especially vulnerable to bad patent policy because they may not have the legal or the economic negotiating power to deal with big business. The researchers commented that when large patentees are involved, bargaining breakdown occurs and small firms are normally less capable of resolving disputes cooperatively, without resorting to the involvement of courts.

Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other News

Weekly Trademark News

  Indian Trademark Statistics for August (First Week), Kodaikanal Hill Garlic Gets GI Tag, Maurizio Collaborates with Filippo, Ola Expands Operations in Australia, Stan Lee Comes to Life: All American Licensing Partners with POW and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “The investment you make into a brand makes its name worth it” - Bernard Kelvin Clive INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a mixed week. The total number of applications disposed through show cause hearings has increased by eleven percent (11%). Similarly, the total applications published in the...

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Claim Drafting – Transitional Phrases

This post was first published on July 17, 2014.

 

A transitional phrase is a part of the claim that connects the preamble and the body. The Transitional phrase determines as to whether a claim is “Open” “Partially Open” or “Closed.”

Open Claim

An Open claim includes additional unrecited elements i.e., if a claim, which is Open, recites elements A, B, C and D, then an article which includes elements A, B, C, D and E infringes the Open claim irrespective of the fact that the article has an extra element E which is not recited in the Open claim.

The term “comprising” in a claim makes the claim Open.

In, Gillette Co. v. Energizer Holdings, Inc., 405 F.3d 1367 (Fed. Cir 2005), a famous and much talked about case, the claim at issue recited “A safety razor blade unit comprising a guard, a cap, and a group of first, second and third blades. ” The accused infringing product included four blades. The court said that the word “comprising” makes the claim Open and hence, the scope of the claim encompasses all safety razors satisfying the elements set forth in the claim thus concluding that the accused product infringed the claim.

Shouldn’t a Request for Prioritized Examination be Given Priority?

This image depicts Paper Tags having Urgent written on it. This image is relevant as the issue here is whether a request for prioritized examination be given more priority. Click on the image for more information

This post was published on September 17, 2014.

 

All applicants have a desire that their patent applications get prosecuted faster and their patents get a grant on priority, however, such desires are seldom fulfilled. Blame it on the backlog, if you will, and several other reasons for the delay, but patent applicants have to wait more than 3 years to get their patents granted.

Empathizing with the concerns of the applicant, several patent offices have devised procedures to expedite the prosecution of applications. Prioritized examination, accelerated examination, early examination are some of the provisions available to aid applicants in this pursuit. The most interesting among them is prioritized examination which aims to decide the fate of an application (refusal or grant) within 1 year of acceptance of request for prioritized examination.

Post-dating Patent Applications: Frisk it Before You Risk it!

This post was published on August 08, 2014.

 

Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today’s post, however, unravels the puzzling question of how to claim priority even from a post-dated application!

We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches, for reasons best known to the Applicants. Another commonly availed option is to post-date the priority application when the deadline to file a foreign application (1 year from the date of filing priority application) is missed. However, most of us tend to take it for granted that such post-dating will not jeopardize our patent rights and hence fearlessly proceed with the option. A peek into the legislation of certain jurisdictions might prompt us to reconsider these decisions to post-date applications.

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