Celebrating 20 Years of IP Excellence

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part II

This post was first published on June 25th, 2014.   We reviewed the existing scenario in the entertainment industry with respect to the protection of ideas, in my previous post - how to protect ideas. Before we move on to discuss the tool that can be used to protect original ideas/concepts that are not expressed in a tangible form, let us take a look at the practices followed in the entertainment industry by both the generator and the receiver of ideas.…

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Selden’s Patent – A Historical Patent for the Automobile Industry

This post was first published on June 20th, 2014. The name that is most often associated with Automobile patents is Henry Ford, in addition to Alexander Winton, Karl Benz, and others. Supposedly, Ford’s first experience with the patent system was not as an “Inventor” but as an “Infringer”, who allegedly infringed a US patent titled “Road Engine” granted to Selden (Patent No. 549160) in 1895. Selden’s patent, with a three-page description, five drawings, and 6 claims, controlled the entire US…

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Invention that Added Flexibility to Our Lives, Literally!

Products made from rubber have come to be a part of our day to day life in the form of automobile tires. It is used for several other applications as well. However, natural rubber becomes solid, cracks in winter and melts in summer. This unstable nature of rubber made lives of rubber product manufacturers difficult. Strong minds, however, don't go down without a fight! It was at this stage that "vulcanization of rubber" was invented by Charles Goodyear. He was awarded a US patent for vulcanized…

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Special Report

Special 301 Report: Chapter V. Inventive Step & 3(d) – Comprehending Apprehension or Apprehending Comprehension?

Is Section 3(d) an extension of the Inventive Step analysis? The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows: Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable…

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Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?

A recent decision from the Delhi High Court (HC) pertaining to the publisher of a weekly magazine, India Today, filing an application for an interim injunction at the Delhi HC so as to restrain Alpha Dealcom from launching a news channel with the name 'Nation Today', stresses the importance of submissions in response to an Examination Report made before the Trademarks Registry. The publisher of India Today argued that the use of the word ‘Today’ infringed its Trademark. The Delhi HC held that,…

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StartUps and IP: Silver lining for Inventors and Small & Medium Enterprises

Beginning with the inception of an idea through to the development, protection and commercialization of the idea, investments are needed at every step. The huge costs involved in the conversion of an invention to a final product/process, that can be commercialized to yield benefits, appears to be an insurmountable hurdle for several inventors and small to medium scale organizations. The cost for protection of an invention is nearly equal to the cost for developing and solidifying the concept. The recent…

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Happy Birthday, Houdini!

Magic is an art in which a magician performs seemingly impossible tricks for entertainment. When it began, people used to associate magic with evil and so the industry faced several hiccups . However, as a result of constant effort of many magicians of that era, people slowly became interested in magic, and came to accept it as a legitimate art in the 18th century. In this post, I will introduce a legend, who was not just a prominent magician, but also an inventor. It…

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Intellepedia - IP News Updates

Patent Opposition and Revocation: A Presentation

A patent right is a monopolistic right that is granted only after stringent scrutiny of the patent application. The right is not enjoyed by a patent applicant/patentee unless it is proved beyond reasonable doubt that this proprietorship is well deserved of the invention. Since this grant of patent right affects third parties monumentally, they are given an opportunity to participate and intervene in the grant process by filing oppositions and request for revocations. An application can be opposed before grant…

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Patent e-filing Amendment

India has upgraded Electronic filing facility of patents which was launched 5 years ago. The Indian Patent Office (IPO) first launched the e-filing services for patents in the year 2007 which enabled online filing of new applications for patents. The service is successfully being used by stakeholders. Appreciating the significance, the IPO has further developed the system so as to cover comprehensive e-filing for patents, wherein, in addition to online filing of new applications, subsequent filings have also been integrated. On…

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Intellepedia - IP News Updates

Fundamentals of IP and Licensing – A Presentation by Dr. Kalyan Kankanala at IIMB

This presentation gives an overview of intellectual property and its various species. It discusses some important types of IP such as patents, copyrights, designs, trademarks, trade secrets and so on, in the light of their relevance to business. Then, the presentation moves onto IP licensing, taking music licensing as an example. The nuances of music licensing are explained during the rest of the presentation. The talk, unfortunately, not a part of this post, is filled with interesting examples…

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