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Claims! A Legal Fence and Public Notice

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…

BananaIP Reporter Intellectual Property, Patents October 23, 2018 549Views 0Like

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To Publish or Not: Well, it Depends!

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international agreement, that requires publication of applications eighteen months after filing, the application will not be published, provided: (1) A request (non-publication…

BananaIP Reporter Intellectual Property, Patents October 23, 2018 679Views 0Like

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

Guidelines for Writing an Abstract from 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…

BananaIP Reporter Intellectual Property, Patents October 22, 2018 2280Views 0Like

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Patent Application Filing Strategy for Individual Inventors

First Publication Date: 31st October 2009 More often than not, most of the companies, be it mid size or large, and in some cases even start-ups, seem to have some strategy or the other when it comes to filing patent applications for their invention. These companies would have identified the markets in which they want to protect their invention, and they also would be aware of the various methods of monetizing their invention/patent. More importantly, these companies would be ready to…

BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, IP for Start Ups October 22, 2018 596Views 0Like

Common Public License Version 1.0

First Publication Date: 3rd April 2009 The Common Public License (CPL) is an open source license agreement released by IBM. The company holds copyright over the license. It permits the distribution of the license but limits the right to modify it. Softwares such as Windows Installer XML developer tool, Windows Template Library and so on have been released under the Common Public License. Rights The agreement grants a license over the following rights under the copyright law to every person…

BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source Licensing October 22, 2018 1258Views 0Like

Common Development and Distribution License (CDDL) – Version 1.0

First Publication Date: 3rd March 2009 The CDDL was formulated by Sun Microsystems for development and distribution of some of its software. The license is considered to be one of the most popular licenses. Some of the softwares released under CDDL include, OpenSolaris, NetBeans IDE and RCP, GlassFish, JWSDP and so on.Rights Any person receiving a software under CDDL gets a world wide, non-exclusive and royalty-free license over the software. The license grants the following rights over the software: Copyrights The…

BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Open Source Licensing October 22, 2018 1153Views 0Like

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

“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…

BananaIP Reporter Industrial Designs, Intellectual Property, Patents October 22, 2018 634Views 0Like

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Diamond v. Chakrabarty, 447 U.S. 303 (1980)

First Publication Date: 21st December 2008. Issue Whether a live, human-made micro-organism is patentable subject matter under section 101 of the Patent Act. Holding Yes, a human made microorganism is patentable under section 101. Case Facts Chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil compounds, could be transferred and maintained stably in a single Psuedomonas bacterium, which itself has no capacity for degrading oil. Chakrabarty's patent claims were of three types: first, process claims for the method of producing…

BananaIP Reporter Intellectual Property, Patents October 21, 2018 1970Views 0Like

Apache License, Version 2.0

First Publication Date: 10th November 2008 The Apache License applies to all software contributed by Apache or any other person under the license. Copyright and Patent License The license grants both copyright and patent rights over any software distributed under the license the licensee (any person receiving or using a software under the license.). The license grants the following rights under the copyright law: Right to reproduce the software; Right to modify the software; Right to publicly display; Right to…

BananaIP Reporter Copyrights, Intellectual Property, Open Source Licensing, Patents October 21, 2018 849Views 0Like

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R.G. Anand vs. Delux Films and Ors., AIR 1978 SC 1613

First Publication Date: 14th September 2008 CASE FACTS: The appellant, R. G. Anand, an architect by profession and also a playwright, dramatist and producer of several stage plays, wrote and produced a play called ‘Hum Hindustani’ in 1953. It ran successfully and was re-staged in 1954, 1955 and in 1956. Aware of the interest of the plaintiff in filming the play in view of its increasing popularity, the second defendant, Mr. Mohan Sehgal, contacted plaintiff. In January, 1955, plaintiff met the second…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law October 20, 2018 3207Views 0Like

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