Celebrating 20 Years of IP Excellence

India and foreign patent news

IPO-JPO Patent Prosecution Highway guidelines, New Manual of Patent Office Practice and Procedure and more

In this week’s Patent News - IPO publishes Guidelines for IPO-JPO Patent Prosecution Highway pilot project, IPO publishes new Manual of Patent Office Practice and Procedure, Nike and Handsfree Labs sign patent licensing agreement, EPO and INPI Brazil sign Reinforced Technical and Strategic Partnership and other news updates. INDIA PATENT NEWS IPR 2.0: Need of the hour, says Piyush Goyal Piyush Goyal, Union Minister of Commerce and Industry & Minister of Railways, recently attended the inauguration of the Global Exhibition…

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Role of Third Parties in Patent Grant Process

This post was published on July 21, 2014.   The subject of today's topic would probably leave a patent applicant feeling a bit like the reigns are slipping. A patent is not a piece of cake to acquire. The right owner of the invention be it an inventor or an applicant has to prove themselves beyond any doubt. It is the basic right of every individual to oppose the grant of any patent, in cases where such a grant would seem…

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Patent Filing Essentials

This post was first published on 17th July, 2014.   When an individual is struck with an idea and an invention follows, it is advisable for them to gain monopoly over the invention's marketing rights via patent protection through relevant authorities. This write up briefly summaries the essentials of patent filing and protection. What is an Invention? An invention is a technological advancement that is not anticipated by publication in any document or used anywhere in the world including the country of the invention, before the date…

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The Right Time and Means to Publish a Patent Application

This post was first published on 18th July, 2014.   If an invention has been published or publicly displayed, it will not be eligible for patenting except for in certain cases. As part of this post, we will look at an essential stage in the patenting process called Publication. We will also discuss the exceptions, where prior publication may not hinder the patenting of an invention. In India, once an application for a patent has been made, the application shall be published by the Patent Office…

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All is Not Lost: How to Restore your Priority Right!

This post was first published on 24th July, 2014. We are well aware of the importance of the Priority Right and therefore also know what losing a priority right can cause. It may throw even the strongest of inventions off balance. A valid priority claim would give us the priority date which is the date of filing of the first application. This date is also known as "effective date of filing” in many jurisdictions. In other words, as the name suggests, the prior…

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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…

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Keeping Secrets from the Patent Office? Think Again!

This post was first published on 17th July, 2014.   The Indian Patents Act, 1970 obligates an applicant under Section 8, Rule 12 to furnish information and submit an undertaking regarding foreign application or foreign filing. Under this section, an applicant has to submit details of the application filed 'in any country outside India in respect of the same or substantially the same invention' as required under section 8(1)(a); and an undertaking stating that the Applicant will keep the Controller informed of the application…

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Amazon’s patent for tracking workers, National IP Awards 2018, CBI arrests two patent officials, Economic Survey reiterates Patent Backlog, Qualcomm and Samsung Patent Licensing deal, Revised MPEP published, Restriction Requirement, Patent Tip of the Week and other Weekly Patent News.

  “Amazon’s patents that track workers, CBI arrests two patent officials, National IP Awards 2018, Economic Survey reiterates Patent Backlog, Qualcomm and Samsung Patent Licensing deal, Revised MPEP published, Restriction Requirement, Patent Tip of the Week and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Patent Quote of the Week “Lincoln said that the Patent Office adds the flame of interest to the light of creativity. And that is why we need…

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Open Spaces and Closed Minds

Are IP attorneys expected to behave in a particular way? Always formal, poker faced and polished? Why are we driven by these unsaid, yet strictly imposed, diligently followed and unbelievably fettered, so called "professional etiquette." I feel suffocated and wrongfully restrained by these norms, and wonder if all attorneys have to live with them for a life time. Shedding some of those chains, I am sharing one of my more light-hearted experiences as a patent attorney. I hope you will enjoy it.…

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The image is of a balance as the posts is about harmonization of IPR and Access to medicines. To read more click here.

IPR and Access to Affordable Medicines: How affordable are We?

 The following post is an opinion on the article “Intellectual property rights: when it’s broken, fix it!” authored by Arun Maira and published by livemint.com. The article suggests that we need affordable medicines and we need more innovation and it is therefore, time to reinvent the patents regime. The role of IPR in providing access to affordable medicine has been a contentious issue for a long time. As identified by Frederick M. Abbott in his paper on the subject, each…

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