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Statement of Working to Compulsory Licensing – Are We Missing Something?

This post was first published on 8th April, 2011.   As pointed out by Supriya in her post, a compulsory license may be granted if a patent is not worked in India and reasonable efforts are made to acquire a license. Does the working of a patent in India mean that the patented invention must be manufactured in India? Reading of sections 83 and 84 of the Patents Act take us to that logical conclusion. The sections clearly point out that working…
July 25, 2019 Intellectual Property, Patents 0Comment 504Views 0Like
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Patents and Olympics

This post was first published on 25th July, 2012 The 2012 Summer Olympic Games is scheduled to take place in London, United Kingdom, from 27 July. Since the Olympics is around the corner, we would like to share some interesting patents issued pertinent to athlete performance. The patent (US6013007) discusses about a Global Positioning System (GPS) based personal athletic performance monitor for providing an athlete with real-time athletic performance feedback data. A feedback device, worn by the athlete is configured…
July 25, 2019 Intellectual Property, Patents 0Comment 709Views 0Like
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This image depicts a Gavel, a hammer which is used by a Judge to get attention. This image is relevant as the articles deals with the famous 'Trilogy' theme in the area of patent. Click on the image for more information

Non-Obviousness and the Trilogy

This post was first published on 5th December, 2014.   The Supreme Court's non-obviousness precedent commenced with Graham v. John Deere Co., and its companion cases, Calmar v. Cook Chemical and United States v. Adams, collectively referred to in patent circles as the Trilogy. This trilogy represents the Supreme Court’s first interpretation of the statutory non-obvious requirement. The principal issue in the trilogy was establishing the level of ingenuity necessary to satisfy the Section 103 non-obvious requirement that had been added to the Patent Act in 1952.…
July 25, 2019 Intellectual Property, Patents 0Comment 1295Views 0Like
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India, Start Ups, Funding and Intellectual Property

This post was first published on 9th December, 2014.   Funding activities during the last quarter, especially when it comes to start ups, was great! Apart from the US$ 1 Billion Fundraising by FlipKart, India saw several start ups being funded at various levels. A Report indicates 93 deals and a total funding of INR 97,738 Million. With the FlipKart deal, e-commerce businesses lead the pack in percentage of start ups funded based on sector. With respect to start up activities in the…
July 25, 2019 Intellectual Property, IP for Start Ups 0Comment 515Views 0Like
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The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

An In-Depth look at the Trademark Registration Process- Part 1

This post was first published on 2nd July, 2014.   A trademark is a sign that is used to identify goods and services as those produced or provided by a specific person or enterprise. It helps in distinguishing those goods and services from similar ones provided by another. For example, ‘Apple’ is the trademark that identifies goods and services manufactured and distributed by Apple Inc. The object of trademark law is to deal with the precise nature of rights, which a person…
July 25, 2019 Intellectual Property, Trademarks 0Comment 875Views 0Like
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Inventive Step – Technical Advance

This post was published on 18th September, 2013.   In a recent case decided by the IPAB at a circuit sitting bench in Delhi on 5th July 2013, the Appellant (Electronic Navigation Research Institute, Tokyo) claimed that it had invented “A Chaos Theoretical Exponent Value Calculation system” and applied for patent under 3624/DELNP/2005. The Deputy Controller held that the functions of the this system was based on mathematical method for solving mathematical equations, and declined to accept the technical effect theory followed…
July 25, 2019 Intellectual Property, Patents 0Comment 795Views 0Like
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Conceptualizing Copyright Assignments & Licenses Part – I

This post was first published on 25th June, 2014.   This blog series is intended to conceptualize the principles behind copyright assignments and licenses. Copyrights, like any other Intellectual Property Rights are considered a part of Property Rights and hence can be transferred just as corporeal properties. This transfer of ownership under Copyright Law happens in three different ways; first, by executing an Assignment deed; Second, by executing a License Agreement; and third, by transmission of rights by way of operation of law. In…
July 25, 2019 Copyrights, Intellectual Property 0Comment 926Views 0Like
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Intellectual Property

Making Institutional Research Count

This post was first published on 25th July, 2013.   Public Funded Research Institutions and educational institutions in India have begun to realise the importance of commercialising their Intellectual Property, a phenomenon that was long overdue. While a large number of these institutions are yet to be woken up to the trend, those that have tasted success are willing to explore further in order to push their returns northwards. Commercialising intellectual properties of research institutions has obvious benefits: when returns…
July 25, 2019 Intellectual Property, IP Commercialization/Licensing 0Comment 467Views 0Like
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The image reads Trademarks. The post is about interesting development in trademark law. Click on the image to read the full post.

Doctrine of Foreign Equivalents – Part 2

This post was first published on 14th October, 2014.   As discussed in our earlier post, the Doctrine of Foreign Equivalents under the Trademarks Law requires the Trademark Office to translate foreign words to English in order to determine whether certain marks qualify for trademark registration or not. In this post, we are looking into whether the Indian Courts consider this doctrine an acceptable principle of the Trademark Law. Indian Courts have not faced the question of applicability of this doctrine in many…
July 25, 2019 Intellectual Property, Trademarks 0Comment 814Views 0Like
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This image depicts two dolphins jumping high over the sea with the sunset in the Background. This image is relevant as it deals with TSM test which is the Teaching, Suggestion and Motivation test. Click on the image for more information.

The TSM Test and Non-obviousness

This post was first published on 6th December, 2014.   TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked: Is the prior art quoted instrumental in teaching the reader the method of producing the invention? Does the prior art or any of its contents suggest any method of producing the invention in question? Does the…
July 25, 2019 Intellectual Property, Patents 0Comment 6002Views 0Like
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