06 August 2019

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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.

06 August 2019

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eCommerce Guidelines for Consumer Protection, 2019 – Draft for Comments

Posted by BananaIP Reporter

in e-Commerce Law, Intellectual Property

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

Government of India has recently published the eCommerce Guidelines for Consumer Protection, 2019, for comments of stakeholders. The guidelines follow the draft FDI policy for eCommerce entities and seek to protect consumer interests. They primarily focus on fraud, unfair trade practices, privacy protection, and transactional controls. They apply to eCommerce entities following the inventory model as well as marketplace model including intermediaries. Both products and services made available through eCommerce platforms are covered. The eCommerce guidelines seek to further tighten the regulatory framework governing eCommerce companies in India, which have been having a free reign for a while now. The present...

06 August 2019

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Patent Claim Drafting – Preamble

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on July 16, 2014.

It would have been very well drummed into a patent professional, Mr. X, who has just started drafting a patent specification that “claims form the heart of a patent application,” or the “name of the game is claim,” and so on. Very few might agree with me if Mr. X has been told to carefully consider the words and/or features and/or the language used in the preamble, as improper drafting of preamble may limit the scope. Well, it is not Mr. X’s fault, nor the trainer’s fault. There are not many case laws or rather widely discussed case laws, elucidating or interpreting in detail the importance of a preamble as there are for definiteness, written description and other statutory requirements. In fact, in 1934 (in In Re Wolf), CCPA held that, “The preamble of a claim is introductory only and should not be considered as a limitation of the subject issue.”

While CCPA’s decision in In re Wolf is still held aloft like a banner, for more of a visual than cognitive effect, there are some case laws in which the federal circuit has touched upon or at certain times went into a little more detail on the importance/interpretation of preamble.

06 August 2019

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Court Limits the Scope of ‘Fair Dealing’ under Copyright law

Posted by BananaIP Reporter

in Intellectual Property, Media and Entertainment Law

This post was published on November 18, 2011. The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions were substantially similar. India TV used certain songs and movie clips belonging to the plaintiffs in some of its television programmes and broadcasted...

05 August 2019

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Sound Sign Posts – Patents for the Blind 2

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts a blind woman holding a stick and walking on a road. This image is relevant as a patent has been awarded for vibrating clothes which will help the blind person to navigate easily. Click on this image for more information

This post was published on August 25, 2014.

Last week we discussed the talking walking stick innovation. Today, I am here with another patent, brought to my attention by the reliable, Naveen. Banking on certain patents to navigate your way through the world, is not an uncommon feature in knowledge driven industries and I embark on a mission to learn a few tricks. This patent, filed in 2008, by Universidade Do Porto, Portugal, seems to be an outcome of Academic Research.

The Guidance, navigation and information system especially adapted for blind or partially sighted people (US 20110172907 A1) patent aims to provide sound sign posts for the blind. The Abstract reads as follows:

05 August 2019

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Salient Features of Patent (Amendment) Rules, 2011

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on March 15, 2011. The draft Patent (Amendment) Rules, 2011 have been notified for publication in the Gazette of India. Any objections or suggestions may be sent by email to chandni[dot]raina[at]nic[dot]in within 45 days from the date on which the official gazette, containing the notification, is made available to the public. This amendment rules have made it easier for patent applicants and practitioner by providing for online filing of documents. Following are the salient features of the amended rules. Electronically authenticated documents may be filed online. Individual applicants may file documents online without electronic authentication by duly...

05 August 2019

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AI named as inventor in patent, AI to be inducted in Patent Office’s operations, 3M versus Saint-Gobain and more

Posted by BananaIP Reporter

in Intellectual Property, Patents

“Patent News Bulletin: Indian Patent Statistics, Indian Design Statistics, Interesting Inventions, Artificial Intelligence based automated music composing model, Alert system to prevent smuggling of valuable trees, IPO clarifies on submission of Declaration under Rule 14.17 via ePCT, AI to be inducted in Patent Office’s operations, 3M settles patent lawsuit with Saint-Gobain, Vodafone faces patent infringement suit in Europe, China to amend patent law, USPTO proposes hike in patent fees, AI named as inventor in patent and more” presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “Anyone who invents is an...

05 August 2019

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Patent: Stem Cell Patent Debate Never Dies

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts the technological advancement that is 'stem cell regeneration'. It depicts the harvesting of stem cells in a perti dish and their development into a human organ. But is this miracle patentable? Click on the image to read the full post.

This post was published on May 2, 2011. The debate with respect to genetic and stem cell patents is alive with the European Court of Justice's (ECJ) preliminary opinion in March. As per the opinion, embryonic stem cells are not patentable because use of totipotent stem cells amounts to use of human embryo for industrial or commercial purposes. As totipotent stem cells can develop into a human being and are derived from an embryo, they as per the opinion can be considered to be human embryo or based on manipulation of human embryo. This opinion was an interpretation of Article 6(2)...

05 August 2019

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Part II: Descriptive Marks – Can They be Protected?

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

This post was published on September 08, 2014.

In the second post of this blog series, we shall be analyzing the US approach towards descriptive marks.

In the US, a mark is merely descriptive if it “consists merely of words descriptive of the qualities, ingredients or characteristics of the goods or services related to the mark”, being enough if it describes one characteristic of said goods or services. Like in India, a mark which is merely descriptive or deceptively mis-descriptive of the goods on or in connection with which it is used is not registrable on the principal register, as clearly stated under Section 2(e)(1) of the US Trademark Act of 1946. In re Abcor Development Corp, 588 F. 2d 811, the US Courts clearly laid down the reasons for not protecting merely descriptive marks, which are stated as follows:

04 August 2019

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The Impact of Parallel Import of Copyright on Publishers in India in Light of Copyright Amendment Bill, 2010

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on May 27, 2011. Parallel Imports occurs when authentic products are imported cheaply, without the consent of the producer who has a Trade mark, Copyright, Patent or other intellectual property right in these products, with the aim to compete with the producer’s own products, which he himself had originally marketed abroad at a lower price. This amendment aims to foster enhanced competition amongst distributors and thereby enable Indian consumers and students to access a wider range of books at lower prices in a timely manner. Thus while parallel importers (local resellers) are sourcing legitimate genuine product...

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