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Patents Tag

BananaIP Counsels > Posts tagged "Patents" (Page 10)

Licensing of Software Does Not Give Rise to Patent Exhaustion

First Publication Date: 20th September 2010 The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble Court held that the exclusive reproduction right is limited within the software and this affirmative defense is unavailable to those who are...

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Indian Patent Statistics, Interesting inventions, New IP initiative by Indian Defence Ministry,Virtual market place for IP in Karnataka, USPTO unveils 2018-2022 strategic plan and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

“Indian patent statistics, Interesting inventions, Mission RakshaGyan Shakti – A new initiative by the Defense Ministry of India, Government of Karnataka to unveil a virtual marketplace for IP, IP Awareness Seminar held in University of Kashmir, Abbott Laboratories in yet another turmoil, this time over a stent patent and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week “Design transcends agenda. It speaks to the politics of optimism.” – Paul Bennett, Principal Researcher in Microsoft Research AI. Indian Patent Statistics A total of 760 patent applications have been published...

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IP in Everyday Life – Aircraft Seat Belts

First Publication Date: 7th June 2010 Most of us fly frequently. But, we might not have paid attention to the most vital piece of safety equipment for a passenger; the seat belt. If you flip the receptacle portion of the belt, you will see a notice which states "Patent 5088160". The referred patent is assigned to Am-safe, Inc and was filed on February 5, 1990 (and has subsequently expired on February 5, 2010). The two independent claims are as follows: Claim 1: A webbing adjustor for adjusting and locking seat belt webbing which is anchored at one end, the webbing adjuster including a base...

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Claiming with a Purpose, with the Blessings of the Inventor

Patent

This post was first published on March 1, 2010.   Claims draw the boundary to the invention that is being claimed. The boundary that is being drawn must be carefully done in order to ensure that the claims serve their purpose. The point here is that every claim must have a specific purpose and must be targeted to a potentially infringing product or process, or be targeted to protect a specific implementation (in case of defensive approach). In order for the practitioner to be able to do that, he must have a clear understanding of how a product or process is implemented...

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Story of an Unchallenged Patent: Certainly Uncertain

This post was first published on February 16, 2010. Enabling designing around existing patents to promote progress of Science and technology forms a small but a non trivial part of the rationale behind existence of the patent system. To be able to safely design around patents it is critical to be able to understand the scope of protection rendered to that patent. The best place to start is the claims of patent since it determines the metes and bounds of the patented invention. Traditionally there have been two main approaches to drafting claims. One is the Central claiming approach and the other is...

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How Can We Encourage Inventors to Invent?

Invention Disclosure Development

This post was first published on February 7, 2010.   In one of my earlier posts entitled, 'Why do inventors invent?', I provided the results of a study on inventor incentives carried out by us. It can be noted from the results that a very small percentage of the inventors expressed that financial incentives encourage them to invent. The learning from the study is that an incentive mechanism must include incentives other than financial in order to encourage inventors to invent. Having said that, the issue with respect to it is that incentives that encourage an inventor such as love of invention,...

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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 into the agreement to maintain confidentiality of the information that is disclosed. However, from what I have heard, making a...

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Pharmaceutical Business Strategy – A Brand Name Perspective

The featured image shows many strips of tablets and a thermometer on a grey background. The post is regarding the trademark dispute between Cadila health care and Sun Pharma . To know more please click here.

First Publication Date: 9th February 2010. In furtherance to Vikram’s post on Paragraph IV certification and its exploitation by generic pharmaceutical companies (ANDA applicant) to enter the market sooner, here is an insight on the NDA holders’ attempt to exploit the same. Every ANDA application filed by a generic company has to be in a prescribed format and must contain the prescribed content as per 21CFR sec. 314.94 (Contents and Format of an Abbreviated application). Each of these applications will refer to a Reference listed drug (RLD) and the use of such drug by the company in order to get approval for...

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Temporary Injunction Cases

First Publication Date: 15th January 2010 M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI), Apollo Hospitals, Apollo Hospitals Enterprise Limited and Cancer Institute (W.I.A.), (Regional Cancer Centre) The Appellant, Jayasingh, acquired a patent over a Prosthesis made of Titanium alloy, which is used in bone salvage surgery. On learning that the Respondents were making, selling, distributing and using Prosthesis that was covered by his patent, Jayasingh filed an infringement suit against the Respondents and prayed for an injunction during the pendency of the suit. After hearing the parties and reviewing the facts on record, the Court refused to grant temporary injunction to...

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Patenting Inventions by Researchers in Universities

Patent research

First Publication Date: 20th January 2010. This is in response to a question asked by one of the researchers on our website with reference to the patenting of inventions by researchers in the University For all the inventive minds working or studying in different Universities, idea of patenting their invention(s) is quite lucrative. With our experience of dealing with such situation, where a researcher wishes to apply for a patent, a number of issues  should be catered before applying for the patent.  In light of this, following guidelines are provided for the interested researchers. 1. First and foremost step for a researcher who...

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