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Patents Tag

BananaIP Counsels > Posts tagged "Patents" (Page 4)

Christmas deLIGHT

The image is of a well lit Christmas tree. The post is about attempts to patent Christmas lights. Click on image to view post.

This post was first published on 23rd December, 2011. It's December! The month of the Holy festival of Christmas. The whole world has geared up for the big celebrations. Christmas is celebrated as traditional birthday of Jesus Christ, the central figure of Christianity. Christmas trees, Christmas lights, Christmas Carol, Christmas cakes and so on are some inherent parts of Christmas celebration. The focus of my blog is on Christmas lights. The tradition of Christmas lights was started by the people who lived in the 17th century. They used to attach small candles to branches of the Christmas trees using wax or pins....

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How Wise is it to TRIP Over Food?

This image depicts tomatoes in a zip-lock bag. This post talks about the importance of food protection under the TRIPS agreement. Click on the image to read the full post.

This post was first published on September 8th, 2014.

 

Every country tries its best to ensure that there is no dearth of food. Ensuring that food is of good quality is also important. As much as I’d love to go on talking about food, I will refrain from talking about food per se and concentrate on the legal obligations related to food. This post will concentrate on the relationship between IP and food which is governed by successful research efforts that result in a new plant variety or a plant with new and improved characteristics which qualify for Intellectual Property protection under various national laws and under TRIPS.

The effects of increased use of new biotechnology on the right to food cannot be discussed in isolation, but must also take into account the tendency that biotechnology applications are protected by plants or plant breeders right. Art. 27 of TRIPS gives member states the freedom to exclude from patentability plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, member states have to provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. India enacted the Protection of Plant Variety and Farmers Right Act, 2001.

GII index to be released, Patent office’s Annual Report for the year 2017-2018 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.

  “Patent News Bulletin: Indian Patent Statistics, Indian Industrial Design Statistics, Interesting Inventions, Global Innovation Index (GII) to be launched on 24th July, 2019 in New Delhi, CII’s is all set to take an exclusive IP delegation to Japan, in the month of August, The Office of CGPDTM and GI, India published the Annual Report for the year 2017-2018 and other news updates”, presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Indian Patent Statistics A total of 1081 patent applications have been published in the 29th issue of the Patent Journal, 2019. Out of the 1081...

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The Non-Obviousness Requirement and its Evolution – Graham vs. John Deere

This post was first published on 16th July, 2014.

Today’s special is the case that has set a high precedent in US Patent Law practice, acquiring the status of the highest cited case in subsequent cases decided by several courts, especially the CAFC. Graham vs. John Deere Co. is cited extensively since it clarifies the judicial standing on the requirement of non-obviousness of an invention. William T Graham (Graham) sued John Deere Co. (Deere) for patent infringement.

Details: Graham invented a new shock absorber to add to tractors, essentially a device designed to absorb shock from the shanks of chisel plows as they plowed through rocky soil and thus prevented damage to the plow. Graham obtained a patent (US Patent 2,493,811) on this device.

Shortly thereafter, Graham made an improvement on this device and applied and obtained a patent (US Patent 2,627,798) for the improvement. Only 2 differences existed between the two patents, them being: the stirrup and the bolted connection of the shank to the hinge plate did not appear in 2,493,811 and the position of the shank was reversed, being placed in 2,493,811 above the hinge plate, sandwiched between it and the upper plate.

Threatened Co-existence of Breeders Rights and Patent Rights

This image depicts two people trying to join a puzzle. This image is relevant as their is a threat to the co-existence of the Breeder's rights and patent rights. Click on this image for more information

This post was last published on September 1st, 2014.

 

Innovation has always been focused on existing plant varieties which scientists use for improvements and for which breeders’ exemption (the right to use protected plant varieties in their research and claim ownership of the results) is granted. But patents don’t provide for a breeders’ exemption and researchers will have to pay for access to patented materials used in their research if they are allowed access at all. Patent stacking has become common practice – it refers to taking out patents for different aspects of a single innovation, forcing several royalty applications and payments.

From the very beginning Plant Variety Protection Law has contained a special provision that the breeder’s rights shall not extend to acts done for the purpose of breeding, or discovering and developing other plant varieties. It already appeared in Art. 5(3) of the 1961 UPOV Convention and can still be found in Art. 15(1)(iii) of the 1991 UPOV Convention and in Art. 15(c) of Regulation 2100/94 on Community Plant Variety Rights [1994] OJ L227/1. It speaks for itself that this rule has also been laid down in many national Plant Variety Protection regulations ever since.

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, i.e., the springs that hold a corset together, for his wife who had expressed her dissatisfaction with the existing corset binders that were not...

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Wankel Engine, Although Revving not Revolutionary

This post was first published on 13th June 2014.   What's the one thing that is common between a 1975 Suzuki RE5 motorcycle and a Mazda Taiki supercar? Believe the answer would be - the Engine. Both these vehicles are powered by an engine called the ‘Wankel Engine’. Ranging from a simple single cylinder engine that powers our motorcycles with great mileage, to advanced SCRAM jet engine that propels hyper-sonic airplanes to an astonishing speed of 10,000 km/h, IC engines have evolved over the years. There are many varieties of IC engines based on their working cycles, construction, application, fuel used etc. In general, the...

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Are You Ready for a Walk on Water?

This post was first published on 13th January, 2011. We generally use the phrase “Walking on water”,  to refer to a miracle or accomplishing something nearly impossible. But if we consider the literal meaning of it, is it really possible to walk on water? A lot of people dream of walking on water and infact some have walked on water either in reality or as an illusion or miracle. After Lord Ram performed the feat, Leonardo da Vinci in 15th Century sketched how a man can walk on water. Since then, numerous inventions have come up to turn this dream into...

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Alexander Graham Bell’s Path-breaking Patents

The image depicts a portrait of Alexander Graham Bell

  This post was first published on March 12th, 2014.   Have you ever imagined a world without communication? I am sure that the thought itself is horrible. Over the years, communication technologies have evolved to such an extent as to make the whole world shrink to the size of a portable communication device. Having said that, I think this is the right time to pay tribute to a legend who laid the foundation to the communication era: Alexander Graham Bell - the famous inventor who fetched the first telephone patent. Bell was born on the 3rd of March, 1847. Young Bell exhibited skills...

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