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Patent: China passes Patent Law amendments

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The Standing Committee of the National People’s Congress has passed the revision of the patent law of China on 27 December which will come into effect on 1 October 2009. Some changes which the new amendment brings forth are as follows: Absolute novelty instead of relative novelty Filing patent applications in other countries without filing patent applications in China Mandatory compulsory licensing in case of drugs for treating HIV/AIDS in case of need / emergency Stating the source of genetic resource while filing patent application in order to prevent piracy of genetic material Image Source/Attribution here (Governed by Creative Commons License...

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Patent: Case Note: Diamond v. Chakrabarty, 100 S.Ct. 2204, Jun 16, 1980.

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Diamond v. Chakrabarty, 100 S.Ct. 2204, Jun 16, 1980. Author: Kalyan Chakravarthy Kankanala, Chief Knowledge Officer, Brain League IP Services (Is now BananaIP Counsels) . 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 the bacteria; second,...

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Patent: Lupin settles patent litigation

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Lupin filed a Paragraph IV application challenging the validity and claiming non-infringement of patents held by Schering-Plough relating to Clarinex tablets. The company recently settled the law suit for a license over the patents. As per the settlement, Lupin will get the right under a license to sell the tablets covered by the patents from July 1st, 2012 or earlier under certain circumstances. Image Source/Attribution here (This image is in the public domain) ...

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Trademarks: Trademark protection to colour themes for t-shirts

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Louisiana State University, Ohio State University, Southern California University, and the University of Oklahoma sued Smack Apparel Company alleging that the t-shirts sold by the company with the Universities' colour schemes violated the trademarks of the Universities. The federal court held that copying of the colour schemes of the t-shirts by the company amounts to passing off under the trademark law because such t-shirts are aimed at gaining profits by establishing a link with the Universities' products. The court pointed out that the company would be liable even if it had not used the names, logos or captions of the...

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Copyright: Open Source Licenses are enforceable under copyright law

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Jacobson created a software called DecoderPro, which allows model railroad enthusiasts to use their computers to program the decoder chips that control model trains and made the software available under the Artistic License Version 1.0. KAM Industries launched a competing software called Decoder Commander, which is also used to program decoder chips. Jacobson alleged that some definition files of DecoderPro were copied by KAM Industries into Decoder Commander and asked for an injunction based on copyright infringement. The Court held that an injunction may be granted to Jacobson based on allegations of copyright violation and stated that Open Sources Licenses...

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Trademarks: ECJ gives a preliminary decision in Intel’s case

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Intel Corporation filed an application for cancellation of the registration of the trademark 'INTELMARK' for marketing and telemarketing services held by CPM United Kingdom Ltd based on the reputation of its trademark, 'iNTEL' for computers and computer linked goods and services. On rejection of the application by the UK registry, Intel Corporation filed an appeal to the UK Court, which referred the case to ECJ for clarifications relating to determination of unfair advantage and detriment to a mark, which is necessary for deciding on trademark dilution. The ECJ stated that a second mark will be considered to take unfair advantage...

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Patent: Case Note: National Recovery Techs. Inc. v. Magnetic Separation Sys. Inc., 166 F.3d 1190(Fed. Cir. 1999)

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National Recovery Techs. Inc. v. Magnetic Separation Sys. Inc., 166 F.3d 1190(Fed. Cir. 1999) Author: Ken Aoki, Patent Agent, Japan CASE HISTORY Appeal from the district court’s decision granting summary judgment to MSS. The district court held NRT’s patent invalid for lack of enablement. CASE FACTS • ‘576 patent covers an automated recycling system. (Fig.1) The system distinguishes materials by measuring the penetration of electromagnetic radiation. • The problem of the prior art is misidentification of materials due to their regularities in container thickness. (Fig.2) • The ideal solution to this problem is to use, as thresholds, measurements that do not pass through an irregularity. • NRT’s invention...

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Patent: Apache License, Version 2.0

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Apache License, Version 2.0 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 publicly perform; Right to sub-license; and the Right to distribute the software in the form of object or source code. If a person contributing a software under the license holds a patent...

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Patent: Federal Circuit revisits software patentability – Bilski case

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A recent judgment was pronounced by the United States Court of Appeals for the Federal Circuit (pronounced on October 30, 2008) relating to Process/Method Claims. The case is called ‘In Re Bernard L. Bilski and Rand A. Warsaw’.In this decision the Court has discarded the “concrete, useful and tangible result” test that was being followed by USPTO and the US Courts for determining the patentability of process claims. The Court has laid down that the right test to determine the patentability of process claims is the machine or transformation test. This test requires a process claim to be tied to a...

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