Celebrating 20 Years of IP Excellence

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Patent and Public Domain Balance 2 – Patentability Requirements

First Publication Date: 8th December 2009. An invention will be eligible to get a patent only if it satisfies the patentability requirements, which are patentable subject matter, industrial applicability/utility, novelty, non-obviousness/inventive step and specification. The government uses the patentability requirements to verify the worthiness of an invention for patent grant. The patentability requirements are like filters arranged in succession as shown in the figure below. Figure - Kalyan's Patent Filter Model A patent will be granted over an invention only if it passes…

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Diamond v. Chakrabarty, 447 U.S. 303 (1980)

First Publication Date: 21st December 2008. Issue Whether a live, human-made micro-organism is patentable subject matter under section 101 of the Patent Act. Holding Yes, a human made microorganism is patentable under section 101. Case Facts Chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil compounds, could be transferred and maintained stably in a single Psuedomonas bacterium, which itself has no capacity for degrading oil. Chakrabarty's patent claims were of three types: first, process claims for the method of producing…

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State Street Bank & Trust Co. v. Sign. Fin. Group Inc., 149 F.3d 1368 (Fed. Cir. 1998)

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Patent on voting machines, healthy clothes, SC notice to Nuziveedu, Xiaomi v. Coolpad, Peripheral claiming versus Central claiming, Patent tip of the Week and other news

“Interesting patents - Voting just got interesting, Wear healthy, stay healthy!, Supreme Court issues notice to Nuziveedu Seeds, Coolpad Sues Xiaomi,  Brazil & EU reject Gilead’s patent on hepatitis C & HIV drugs, Peripheral claiming versus Central claiming, 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 “Ingenuity should receive a liberal encouragement. Patentable subject matter should include anything under…

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Patentability and Section 3(d), History of Patent Law in India, Patentability of Imatinib Masylate in Beta Crystalline Form – Novartis Case Abridged by Dr. Kalyan C. Kankanala

This abridged version of the Novartis case was used by Dr. Kalyan C. Kankanala to explain to the students of UPES, the patentability requirements under the Patent Law and the significance of Section 3(d) under the Patents Act. This abridged document was provided to the B.tech - LLB students at UPES School of Law as part of the Patent Law and Practice Program being taught by the BananaIP Team. The Novartis case has been abridged to suit the discussion in the class, and to…

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Analyzing Patentability of Inventions – A Presentation by Dr. Kalyan C. Kankanala at the UPES School of Law

This presentation is part of the 'Patent Law and Practice Program' being taught by BananaIP Team at UPES School of Law to B.tech-LLB Students. This presentation is titled "Analyzing Patentability of Inventions" and covers the following topics: Patentability Requirements Patentable Subject Matter Exclusions Examples Industrial applicability Novelty Inventive Step Secondary Indication Examples Specification Dr. Kalyan's Latest IP Thriller - The Dravidian You may access the full presentation here: About Dr. Kalyan…

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Patenting Software-related Inventions

  Subject matter eligibility is one of the most rapidly evolving issues in Patent Law. The US Courts have avoided defining what qualifies as an abstract idea. Most of the software related inventions are being considered patent ineligible based on the Alice case. The Alice case gave us a two-part analysis for determining whether software claims are eligible for patenting. First step in the analysis is to “determine whether claims at issue are directed to one of those patent ineligible concepts”. If the…

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Sipping on IP – Conversation on Intellectual Property x

Sipping on IP – Conversation on Intellectual Property

  Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers. Let’s see what we sipped…

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Do Patents motivate Inventors? A TED Talk by Dr. Kalyan Kankanala

Do Patents motivate Inventors? A TED Talk by Dr. Kalyan Kankanala

Dr. Kalyan C. Kankanala, the founder of SiNApSE Blog, and a renowned IP Attorney and author, recently delivered a TEDX talk on 'What Motivates Inventors? Patents, or Passion? This is the first ever TED Talk on patents from India. You can view the talk on YouTube at this link. In his talk, Dr. Kalyan talks about the role patents play in incentivizing inventors. He concludes that patents do not motivate inventors directly, but bring patrons  in the form of investors.…

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