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BananaIP Counsels > Posts tagged "Patent"

Patentability Requirements in India

Patentability Requirements in India

The requirements for patentability of inventions can be considered as one of the most important parts of patent law. They form the basis for grant of a patent, scope of protection, and patent validity, among others. At a general level, they influence the efficiency of the patent system in achieving its objectives of promoting scientific and technological progress, economic/industrial growth and public benefit. Owing to their value, they may be termed as essential parts of the patent machinery. If they fail, the patent machine also fails. Under the Indian Patents Act ("Act"), patentability requirements and their elements have not been laid...

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From China with Love: The Xiaomi Story

This image depicts a brand new MI 3 Phone which is a product of Xiaomi. This image is relevant as this article is all about the entry of Xiaomi into the Indian Market. Click on this image for more information

This post was first published on December 19, 2014.

 

Just a few months ago, this particular cellular company took the market by storm and made its stand in the 3rd rank of the world’s cellular companies. It not only pleased consumers, but also gave tough competition to leading brands in the market. As a matter fact, the phones sold like hot cakes within minutes of its release on one of the biggest online shopping destinations, Flipkart. More recently, the company got into a patent spat, the first of them, with another biggie, Ericsson. Even more recently, the ban was partially lifted.

Xiaomi is the name that jumps to mind immediately. This phone gained all the stardom due to its amazing specifications. It did not provide any specification out of the box when compared to its competitive brands but what it did provide was all the highly featured specifications which the leading brands sell for very high cost. Xiaomi sold the same specifications for half the cost. This low cost phone with high end specifications was then known to be a “Chinese iPhone”. Xiaomi, having moved out of China, has made its stand in seven countries in Asia and is on track to sell 60 million smartphones this coming year.

Is it Legal to Reverse Engineer the Engineered?

This image depicts the word Engineer written in the reverse way. This image is relevant as the issue here is whether is it legal to reverse engineer the engineered. Click on the image for more information

This post was first published on September 24, 2014.

 

Shoppers would agree with me when I say that while purchasing something, I need to feel a connect with it. Once I have found that connection, a feeling of possession sets in and I know that the article, which until recently was only lying in a shop somewhere, is now mine. This feeling of possession of an inanimate article may lead us to believe that anything can be done to it, which would legally be termed as personal property rights. These include the right to take the product apart, measure it, subject it to testing and so on. A question now arises – Can we Reverse Engineer and use something that has been engineered by someone else?

The controversy between Atari and Nintendo lays down most of the pre-Digital Millennium Copyright Act framework for the legal analysis of Reverse Engineering. In the late 1980s, the 8-bit Nintendo Entertainment System (NES) was a major player in the video games market. The security mechanism on the NES, called 10-NES, prevented games from running on the system unless they contained a special chip and software. This security mechanism was used by Nintendo to push game developers into licensing contracts.

Finally, the Paternity of the Radio is Questioned

This post was published on August 06, 2014.

 

“Who invented the Radio?” When this question was asked during my school days, my answer was an immediate, “Marconi”. Since that answer would fetch me my points, I didn’t bother to look beyond. Recently, however, I realized that it has always been a controversial subject and that my answer could have been wrong. The villain… um.. no, the hero of the story is none other than Nikola Tesla, who is regarded as one of the greatest inventors of all time. Curious to know the story? Read on.

Guglielmo Marconi was an Italian inventor who became famous for his contributions towards the growth and development of long distance radio transmission. Marconi was inspired by Hertz’s theory of electromagnetic waves and began his research on Hertz’s work during the 1894-1895 period. He was keen on inventing a wireless telegraph device. On May 13, 1897, Marconi succeeded in sending the world’s first ever wireless signal over open sea and the first message read ‘Are you ready?’ In 1904, the US Patent Office granted Marconi a patent, Apparatus for Wireless Telegraphy (US 763772) for the invention of the Radio.

Let’s Scrutinize Barcodes a Bit

This image depicts a Barcode. Thie image is relevant as the post is about scrutinizing Barcodes. Click on the image for more information

This post was first published on 29th September, 2014.   When we first go grocery shopping, as a kid, we always wondered what those black and white, think and thin lines indicated. A big puzzle eventually gets answered as we grow up. We now know that they are codes represented in the form of bars, a method for automatic identification and data collection. It has evolved from a punch card system, designed to speed the purchasing process, to the modern barcodes we see on every product imaginable. The rudimentary idea came from the Morse code. The barcodes were first implemented in the year...

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Fly Like Superman

The image is from Superman Comics. The post is about a patent application for hyperspace teleportation. Click on image to view post.

This post was first published on 28th November, 2011.   Everybody as a kid must have fantasized to fly like Superman. Did you ever imagine teleporting yourself from one place to another, just in a jiff? To sweep you off your feet here is a patent application which may remind you of Superman. I found a patent application which may turn your dream of teleporting yourself from one place to another into reality. A patent application (US 20060071122) titled “Full Body Teleportation System” filed by John Quincy St. Clair in Sep 2004 discloses a technique to teleport a human being through hyperspace...

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Hey Funny Guy, Made of Flakes from the Sky!

The image is of a snowman. The post is about UPSTO granting a patent regarding constructing snowman. Click on image to view post.

This post was first published on 27th September, 2011. USPTO has granted a patent for building snowmen/women just before the arrival of winter. As most of the people across the world stand at the dawn of winter arrival, waiting for snowfall, Ignacio Marc Asperas has already received his early Christmas gift. Ignacio received a patent (US8011991B2) on 06 Sep 2011 for his invention titled “Apparatus for facilitating the construction of a snow man/woman” which was filed back in 2006. The invention discloses methods for creating the spherical shape of the body, rolling symmetrical snow balls, building arms, snow shoulders, uneven boulders that...

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Inventive Step of an Invention Analysed

This post was first published on 16th July, 2014.   We will today discuss a case in the Indian Patent history that showcases how the IPAB and the IPO analyse the Inventive Step or Obviousness of an invention. Green Cross Holdings (Appellant) v/s Controller of Patents and Deputy Controller of Patents (Respondents) Case: This judgment, passed on June 18th, 2014 by the IPAB, was based on an appeal made by Green Cross Holdings against the order made by Deputy Controller of Patents on Aug 13th, 2009, rejecting their application (Appl.no: 1563/DEL/2005) for the invention titled Pharmaceutical preparation of recombinant Factor VIII lyophilized without Albumin as a stabilizer. Objections...

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Father of the Electronic Idiot Box

This image depicts Philo Fransworth with a Television of the medieval era. This image is relevant as the post is about patent of the Idiot Box. Click on this image for more information

This post was first published on 2nd September, 2014.   Mr. Fransworth is regarded as the Father of Television. I would rename him as Father of Electronic Television, as most of us, including me, have learned in our school days that Mr. John Logie Baird is the Father of Television. The truth is Mr. Baird’s television was based on electro-mechanical systems, whereas Mr. Fransworth’s television was electronic. Mr. Fransworth showed glimpses of his brilliance since childhood by describing and diagramming a television in 1921, when he was just 14 years old. After dropping out of college due to adverse financial conditions, at the age of 20,...

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Cross-Border Patent Protection

  This post was first published on July 16th, 2014.   Patent protection is territorial in nature. A patent application filed in a country can entail the enjoyment of patent rights in that country only and thus a patent application has to be filed in countries where the applicant intends to gain protection. Thus in order to seek patent protection in multiple countries, the applicant will have to file the application in each of these countries. There is no limitation on the number of countries where a patent application can be filed. A foreign application can be made in the following ways: Direct...

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