BananaIP Counsels Logo

Maximizing Intellectual Value since 2004

Common Reasons for Delay in Grant of Patent

This post was first posted on 20th July, 2o14.   A Patent gives its owner a monopolistic right and protection against unauthorized use of anything under its protection. This is the reason that a patent only gets granted once it passes several levels of stringent scrutiny. This phase is called the examination of the patent application. Examination of the application determines whether the patent application is worthy of a patent grant and thus, unless the application fulfills all patentabilty criteria, it does not receive a grant. For…
July 20, 2019 Intellectual Property, Patents 0Comment 918Views 0Like
Share

Read more

Public Use Exemption for Patentability

This post was last published on July 18th, 2014.   Today we will take a look at two patentability cases with a very similar premise, the premise being if the public use of an invention bars its patentability. What these two cases have in common is only the premise, and with a little scrutiny, we will see how contrasting the cases actually were. 1. Egbert v. Lippmann, 104 U.S. 333 (1881) In the year 1855, Samuel Barnes, designed corset springs,…
July 18, 2019 Intellectual Property, Patents 0Comment 571Views 0Like
Share

Read more

Man Tried To Patent Godly Powers!

This post was first published on 8th September, 2011.    Christopher Anthony Roller filed a patent application (11/161,345) entitled “Godly Powers" on July 29th, 2005; he wanted the USPTO to grant him a patent for the same. Chris Roller wanted an exclusive right to the ethical use and financial gain in the use of godly powers on planet Earth. The Abstract of this invention is as mentioned below. “Christopher Anthony Roller is a godly entity. ‘Granters’ had been given my powers…
July 8, 2019 Intellectual Property, Patents 0Comment 957Views 0Like
Share

Read more

Happy Feet – Useful Invention

This post was first published on December 23rd, 2011. A 64-year-old Richland woman named Guadalupe Olvera recently received a U.S. patent for her idea on foot-and-toes dryer device that will help those with diabetes and other patients. Guadalupe Olvera said that she was able to obtain the patent because of help and encouragement from teachers at Pasco’s Columbia Basin College, close friends and her faith in God. The patent involved here is United States Patent No. 8065814, titled “Foot drying…
April 28, 2019 Intellectual Property, Patents 0Comment 489Views 0Like
Share

Read more

Patents Enabling Stealthy Attack

This post was first published on 12th February, 2011. The prestigious Aero-India show 2011 has already taken off in Airbase Yelahanka. I wanted to watch the show on the opening day itself but unfortunately missed it. Aircrafts always has been a passion for me. So I thought of sharing some interesting facts about aircrafts, which are mentioned below. A fighter aircraft is primarily designed for air to air combat with other aircraft. Many of them are provided with ground attacking capabilities. The…
January 28, 2019 Intellectual Property, Patents 0Comment 584Views 0Like
Share

Read more

A Conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010.   Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed…
December 20, 2018 Intellectual Property, Patents 0Comment 1415Views 0Like
Share

Read more

Complications In Patenting Biotech Inventions: A Peek At US Law

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code.…
December 6, 2018 Intellectual Property, Patents 0Comment 827Views 0Like
Share

Read more

The Indian Patent Office and Secrecy Directions

First Publication Date: 16th August 2010 As per Section (35) of the Patents Act, 1970, the Controller may notify a patent application (i.e. a patent application before the grant/refusal) as a secret. The patent application may be of a class notified by the Central Government as relevant for defense purposes or may be up to the discretion of the Controller. The patent applicant is further prohibited from publishing information related to the patent application or communicating information related to the…
December 3, 2018 Intellectual Property, Patents 0Comment 2542Views 0Like
Share

Read more

What Should I do With My Invention Before I Talk to Venture Capitalists?

  First Publication Date: 9th February 2010   Every now and then I come across this question, and most often it’s asked by individual inventors and start-ups. In most cases, when you invent something, the next logical step would be to raise funds and build a business around it. To raise funds you will have to disclose the idea/invention to several VCs, preferable after signing a non disclosure agreement (NDA). A NDA, in brief, is a legal instrument that binds the parties entering…
November 10, 2018 Intellectual Property, Patents 0Comment 487Views 0Like
Share

Read more

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

First Publication Date: 3rd January 2010 A patent was granted to Valasumani Lathe Works (“VLW”) for an invention titled "IMPROVED THRESHING AND SEPARATING MACHINE". The applicant in the case, Manivannan trading as Kumar Industries, filed an application for revocation of the patent before the Appellate Board. The applicant contended that VLW’s invention was not patentable in the light of the applicant’s patent application relating to a machine for threshing of corn, which was abandoned and the machines of the applicant,…
October 29, 2018 Intellectual Property, Patents 0Comment 929Views 0Like
Share

Read more