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Intellectual Property Tag

BananaIP Counsels > Posts tagged "Intellectual Property" (Page 32)

Is the President of Senegal Entitled to Royalties?

The image depicts the statute of a woman and a man holding a child sitting on a rock i.e., the African Renaissance statue.

First Publication Date: 18th November 2009   A statue named “African Renaissance” is being made in Senegal which will be taller than the Statue of Liberty in New York and larger than the Eiffel Tower of Paris. This statue is being made with an understanding that the same will give a boost to the tourism and will generate income which can be used for the welfare of the country. However, ever before the completion of this “Artistic work”, the same has come under the controversies, which run around none other then the President of Senegal. Image Source/Attribution here (Governed by Creative Commons License...

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Intellectual Property for Start Ups and Entrepreneurs

The image depicts a man using his laptop and a 'startup' text in front.

First Publication Date: 25th November 2009 Intellectual Property protection provides business and competitive advantage to a company. While IP is important for all companies, its value for A Start Up Company, especially, a technology or knowledge based company, is very high. In addition to providing business and competitive advantage, IP can play a very important role in enabling a Start Up company to build business relationships, raise funds, face cut throat competition and so on. In the light of the value that can be derived by a Start Up company from IP, its protection and management is very important. Despite the...

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Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

The image depicts the main building of AGC situated in Netherlands.

  First Publication Date: 9th November 2009   In my earlier post I had discussed about the prosecution and litigation and the effects of prosecution on the outcome of litigation. Friends, here is a case where the Delhi High Court has allowed a Patent holder to amend his claim (or, should I say extending the scope of claim) after a suit for infringement has been filed. An Indian Patent (no. 190380) has been granted to AGC flat glass (formerly, known as Glaverbel). AGC files a suit for infringement against Saint Gobain Glass (alleged infringer). Facts: 1) AGC’s invention is a product called Mirox New Generation Ecological Mirrors...

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Case Review: Garaware v. Techfeb

The image depicts a human face with the text 'technology' at the base.

First Publication Date: 19th November 2009 In my previous post I had analyzed the claim of the patent that is alleged to have been infringed. In this post, I will follow it up by analyzing the complete specification, and commenting on the manner in which the patent specification is drafted and positioned for examination. I have uploaded the patent specification for those of you who want to give it a read: IN195352 - Garware - Garaware vs Techfab The invention (I am calling the subject matter claimed in the specification an "invention" as a patent is granted to it. However, we will scrutinize the...

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Garaware Vs Techfeb

The image depicts a gabion alongside a river.

  First Publication Date: 7th November 2009   An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent. The details of the case can be found if you have access to Manupatra, or just try googling for details, and you might just get lucky!While there are various issues that I would like to analyze...

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Life of a Gene in India

The image depicts a picture of a dna as the post is about life of a gene patent in India.

First Publication Date: 3rd November 2009   Last weekend, at a training session in Hyderabad, I was once again confronted by the ever sizzling issue of Indian Patent Office's stand with regard to patenting of Gene Sequences. The outcome of that heated argument is this post of mine. Prior to signing the TRIPS, any invention even remotely linked with living organism (including micro organisms) was not patentable subject matter in India. Article 27 (3) of TRIPS required its signatory to allow patents for microorganisms. Thus, in an effort to be compliant with the TRIPS agreement, the Indian Patent Act was amended in order...

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Claims! A Legal Fence and Public Notice

The image depicts a patent fight between two groups of people.

  First Publication Date: 1st November 2009   The government in the guise of the patent office is guided by the Patent Act and rules of the respective country to confer the necessary rights to the inventor(s) for his/her invention. The extent of the rights is determined by the scope of the claims in a patent application which the inventor(s) files with the patent office. The two broad factors that largely tend to affect the scope of the claims are: 1) The prosecution history of that particular application; and 2) The court’s interpretation of the claims while the patent is in litigation. After an application for a...

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To Publish or Not: Well, it Depends!

The image depicts a cartoon of a newspaper as the post is about publication of patent application.

First Publication Date: 5th November 2009.   In US, it is possible to block publication until grant of a patent application provided certain conditions are met. According to § 1.213 of MPEP, if the invention disclosed in an application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the application will not be published, provided: (1) A request (non-publication request) is submitted with the application upon filing; (2) The request states in a conspicuous manner that the application is not to be...

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Guidelines for Writing an Abstract from the Indian Patent Office

The image depicts a person writing a the post is about guidelines for writing a patent abstract for the Indian Patent Office.

First Publication Date: 1st November 2009 According to Section 10(4)(d) of The Indian Patent Act, every complete specification shall include an abstract section to provide technical information on the invention. According to Rule 13(7) of The Patent Rules, the abstract section shall begin with the title of the invention. The abstract shall also indicate the technical field of the invention, the technical problem the invention solved by the invention, how the invention solves the mentioned problem and the use(s) of the invention. If a chemical formula is an essential part of the invention, the abstract shall also contain the chemical formula. Also,...

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Patent Application Filing Strategy for Individual Inventors

The image depicts the words 'Start Up' with the silhouette of a man jumping as the post is regarding patent filing strategies for startups

First Publication Date: 31st October 2009   More often than not, most of the companies, be it mid size or large, and in some cases even start-ups, seem to have some strategy or the other when it comes to filing patent applications for their invention. These companies would have identified the markets in which they want to protect their invention, and they also would be aware of the various methods of monetizing their invention/patent. More importantly, these companies would be ready to infuse funds to realize their objectives. However, the scenario is not quite the same with individual inventors.The phrase individual inventor...

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