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Intellectual Property Tag

BananaIP Counsels > Posts tagged "Intellectual Property" (Page 3)

Sound CAPTCHA – Patents for the Blind 3

This image depicts Sound Captcha written over it with a red color background. This image is relevant as A patent granted to Towson University was granted this patent to validate captcha for blind person using their voice. Click on this image for more information

This post was published on September 01, 2014.

 

At one point, access to technology, especially the Internet, was only a dream for the visually disabled. For a long time, online tools were not accessible owing to either the lack of availability or high cost. But today, popular screen reading software applications like Job Access With Speech (JAWS) and open source screen reading software applications like NVDA are available for free. These applications allow a blind person to access a computer and perform several of its functions without the need of a screen!

Accessing the Internet was initially not very easy, but as days passed several modules were added to screen readers, and now, almost 50% of the Internet, especially the text based part, is accessible to the blind. Among the accessible websites, one common roadblock encountered by the visually disabled is the CAPTCHA.

CAPTCHA, Completely Automated Public Turing test to tell Computers and Humans Apart, is a method used to prevent automated programs from accessing secure websites. CAPTCHA normally displays an image, the data in which must be manually entered into another text box to authenticate a human user. Though Google’s RE-CAPTCHA provides an audio alternative, its success rate is less than 50%. I used this several times, and succeeded only once.

Part I: Descriptive Marks – Can They be Protected?

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 01, 2014.

 

In India, a Trade Mark means a mark capable of being represented graphically and capable of distinguishing goods or services of one person from those of others. These are the basic requirements for a mark to be eligible for Trade Mark protection laid down under Section 2(1)(zb) of the Trade Marks Act, 1999. Apart from these qualifications, a mark should also not fall under the category of the marks mentioned under Section 9 and 11 of the Trade Marks Act, 1999.

In this category, are Descriptive Marks. One can ask a lot of questions about Descriptive Marks, some of which have easy answers.

What are Descriptive Marks? As per the provision, descriptive marks are those which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services. Such marks can include words like ‘best’ describing quality of a product, ‘mega’ describing the size etc.

Patent Invalidation in the US: The Good, the Bad and the Ugly

This post was first published on July 18, 2014.

 

After studying citations from patents that were invalidated by US Judges, researchers from the London School of Economics commented, “Patent invalidation has a significant impact on cumulative innovation in the fields of computers and communications, electronics and medical instruments (including biotechnology). We find no such effect in fields involving drugs, chemicals or mechanical technologies.” Let us now take a look at why this discrepancy exists.

What is patent invalidation?

The Patents Act outlines circumstances under which a granted patent can be revoked on certain grounds.

Who is affected by this and how has this come to be?

Start-ups seem especially vulnerable to bad patent policy because they may not have the legal or the economic negotiating power to deal with big business. The researchers commented that when large patentees are involved, bargaining breakdown occurs and small firms are normally less capable of resolving disputes cooperatively, without resorting to the involvement of courts.

Claim Drafting – Transitional Phrases

This post was first published on July 17, 2014.

 

A transitional phrase is a part of the claim that connects the preamble and the body. The Transitional phrase determines as to whether a claim is “Open” “Partially Open” or “Closed.”

Open Claim

An Open claim includes additional unrecited elements i.e., if a claim, which is Open, recites elements A, B, C and D, then an article which includes elements A, B, C, D and E infringes the Open claim irrespective of the fact that the article has an extra element E which is not recited in the Open claim.

The term “comprising” in a claim makes the claim Open.

In, Gillette Co. v. Energizer Holdings, Inc., 405 F.3d 1367 (Fed. Cir 2005), a famous and much talked about case, the claim at issue recited “A safety razor blade unit comprising a guard, a cap, and a group of first, second and third blades. ” The accused infringing product included four blades. The court said that the word “comprising” makes the claim Open and hence, the scope of the claim encompasses all safety razors satisfying the elements set forth in the claim thus concluding that the accused product infringed the claim.

Shouldn’t a Request for Prioritized Examination be Given Priority?

This image depicts Paper Tags having Urgent written on it. This image is relevant as the issue here is whether a request for prioritized examination be given more priority. Click on the image for more information

This post was published on September 17, 2014.

 

All applicants have a desire that their patent applications get prosecuted faster and their patents get a grant on priority, however, such desires are seldom fulfilled. Blame it on the backlog, if you will, and several other reasons for the delay, but patent applicants have to wait more than 3 years to get their patents granted.

Empathizing with the concerns of the applicant, several patent offices have devised procedures to expedite the prosecution of applications. Prioritized examination, accelerated examination, early examination are some of the provisions available to aid applicants in this pursuit. The most interesting among them is prioritized examination which aims to decide the fate of an application (refusal or grant) within 1 year of acceptance of request for prioritized examination.

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.

Patent Claim Drafting – Preamble

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.

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

Music Copyright

 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...

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Sound Sign Posts – Patents for the Blind 2

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:

Salient Features of Patent (Amendment) Rules, 2011

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...

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