This post was first published on 19th December, 2014.
It’s a musical world. From the pitter patter of raindrops to pulsating headaches, there is music everywhere. In many languages, voice modulation and tone become part of communication. Ever wondered if a method of creating music could be patented?
Well, that’s exactly what Wacky Patent 4, Mode enhanced Hindustani Music is about. US Patent Application No. 10/082,777 filed in February, 2002 by two inventors of Indian Origin, Prabhakar Prahlad Jamkhedkar and Prashant Prabhakar Jamkhedkar, was granted…
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…
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…
This post was first published on 15th July, 2014.
A provisional patent application is usually filed with a singular purpose - To gain the first (earliest) filing date or to gain priority for the application. As we are aware, gaining priority or an earlier filing date is imperative to the patent grant process. Why then, do we find so many of us opting to post-date their provisional application before filing a complete specification?
Post-dating refers to the shift in the Priority date of an…
This post was first published on 19th September, 2014.
A thought is emerging in the US that the Alice vs. CLS decision was a game-changer and that software patent protection in the country has been seriously eroded. Let us see what happened between them and how it affects us.
Who is Alice?
Alice Corporation claims to be an innovator in financial markets. The Company has obtained patents on its innovations worldwide, including in the United States. It was founded by privately-held…
This post was first published on 3rd September, 2014.
All of us have experienced times when things don’t work the way we want them to when we really need them to. Exactly the same way, extended protection given to the patentee under the Doctrine of Equivalents (DOE) doesn’t always help you when you need it the most. Many a time, the application has to be amended in order to accommodate the Patent Law requirements, which is called the Prosecution History or File-Wrapper.…
This post was first published on 1st July, 2014.
After the recent, almost philanthropic action of Tesla's, there seem to be several nagging unanswered questions looming in our heads. Here are a few that we have addressed for you, Dear Reader.
Who is Tesla?
Tesla Motors is the name of a Californian Automobile Company founded in 2003 by a group of Silicon Valley Engineers who set out to prove that electric vehicles could be awesome.
Their sports car Tesla Roadster hit…
This post was first published on 20th June, 2014.
Have you ever heard about 'Patent Medicines?' While not confusing the term with patented drugs, we should note that this term was associated with drug compounds in the 18th and the 19th century. They were not patented but Trademarked Medicines and were termed Nostrum Remedium in Latin . These medicines were sold with interesting names and tall claims of curing a long list of illnesses!
Originally, patent medicines were named after the 'Letters Patent' granted by the English Crown.…
This post was first published on 2nd September, 2014.
Trade Related aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO) came into effect in 1995 mandating all the developing member countries to bring in TRIPS-compliant national laws within ten years i.e., 2005.
India became a party to the TRIPS Agreement in April, 1994. At that time, India's then-current enactment of the Patent Act, 1970 directly contravened Article 27 of the TRIPS Agreement. Upon coming into effect on…
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…