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Intellepedia – IP News Center

Should Medical Methods Be Patented?

First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing to the economic development and prosperity of mankind. Though the patent system has played a critical role in the progress of science generally, its benefits have not been extended to medical methods. (The term ‘medical methods’ used herein after shall mean surgical, therapeutic and diagnostic methods of treatment except methods of...

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Complications In Patenting Biotech Inventions: A Peek At US Law

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code. The objective of the US patent law as stated in the constitution is to promote the progress of science and technology. The patent...

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Weekly Trademark News: Lord Ganesha for Beer? The Roald Dahl Animated Series on Netflix, Yellow Belly Beer in Trouble, and other news

Weekly Trademark News Updates

Indian Trademark Statistics for December (First Week) 2018, HBO Sound Trademark, Chhota Bheem Fights Counterfeiters, Lord Ganesha for Beer? Erode Turmeric GI Accepted and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Mass advertising can help build brands, but authenticity is what makes them last. If people believe they share values with a company, they will stay loyal to a brand” -Howard Schultz INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has picked up its pace. The total number of the applications disposed through show cause hearings has increased by sixty-six...

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Merck’s Temodar continues to face generic threat!

First Publication Date: 23rd September 2010 Schering Corp, a subsidiary of Merck & Co, filed a patent infringement suit against Sun Pharma in response to Sun’s Abbreviated New Drug Application (ANDA). Sun Pharma through this ANDA is trying to seek FDA’s approval to commercially manufacture the generic version of the drug even before its patent term expires. Temodar, active ingredient Temozolomide, is one of world’s best selling brain cancer drug which is being marketed by Schering (now Merck). The patent,US5260291, governing Temodar was granted to Cancer Research Campaign Technology Ltd (CRT) in 1993 and is due to expire in 2013. Schering has...

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Licensing of software does not give rise to patent exhaustion

First Publication Date: 20th September 2010 The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble Court held that the exclusive reproduction right is limited within the software and this affirmative defense is unavailable to those who are...

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Why Don’t You Copyright Me? Copyrights and Writers (Part 4)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered. Protecting a Writer’s Work According to Copyright law, the following types of works form the subject matter for copyright protection: Literary Work; Musical Work; Artistic Work; Dramatic Work; Cinematograph Work; and Sound Recording. Books are mainly protected under copyright law as literary works. Literary works include poems, song lyrics,...

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The Indian Patent Office and Secrecy Directions

First Publication Date: 16th August 2010 As per Section (35) of the Patents Act, 1970, the Controller may notify a patent application (i.e. a patent application before the grant/refusal) as a secret. The patent application may be of a class notified by the Central Government as relevant for defense purposes or may be up to the discretion of the Controller. The patent applicant is further prohibited from publishing information related to the patent application or communicating information related to the patent application to any third party. The patent application is then forwarded to the Central Government for consideration, whether the public...

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US Supreme Court- Bilski’s invention falls, Business methods Survive

First Publication Date: 29th June 2010 The much awaited Bilski decision has been pronounced by the US Supreme Court (Bilski v. Kappos). This closely watched and highly discussed case revolves around patentability of Bilski's hedging of risks business method invention. From the day when the patent examiner rejected Bilski's claims calling them 'mere manipulation of an abstract idea' the controversy has given rise to a lot of potent questions including the likes of patentability of software and business methods and restrictions on 35 USC 101. The debate got aggravated when the Court of Appeals for the Federal Circuit (CAFC) decided that the...

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Weekly Patent News: Indian Patent Statistics, Interesting inventions, New IP initiative by Indian Defence Ministry,Virtual market place for IP in Karnataka, USPTO unveils 2018-2022 strategic plan 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.

“Indian patent statistics, Interesting inventions, Mission RakshaGyan Shakti – A new initiative by the Defense Ministry of India, Government of Karnataka to unveil a virtual marketplace for IP, IP Awareness Seminar held in University of Kashmir, Abbott Laboratories in yet another turmoil, this time over a stent patent 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 transcends agenda. It speaks to the politics of optimism.” – Paul Bennett, Principal Researcher in Microsoft Research AI. Indian Patent Statistics A total of 760 patent applications have been published...

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