Intellectual Property Archives

The image has multiple copyright symbols in different colours. The post discusses some cases on fair use exception. Click on image to read post.

Fair Use vs. Copyright Infringement

This post was first published on 1st September 2014. 1. Cariou vs. Prince Photograph: Patrick Cariou - 2000; Adaptation: Richard Prince – 2008(both via artnet) Richard Prince, the well-known appropriation artist - one who transforms the work of others to create new meaning in his work was sued by Patrick Cariou, a lesser-known photographer when Prince used several of Cariou’s photographs in a series of collages that were sold for tens of millions of dollars. Richard Prince, for an exhibition in…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1322Views 0Like

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This image depicts the Court Hammer. This image is relevant as patent has been rejected for the Laws of Nature. Click on the image for more information

Patentability of Laws of Nature

This post was first published on 2nd September, 2014. Today we will discuss a case where a patent was rejected based on the patent ineligible subject matter. Mayo Collaborative Services (Appellants) and Prometheus Laboratories (Respondents) Patents in Dispute: US 6,355,623 and US 6,680,302 Case: Prometheus had an exclusive license over these patents and Mayo was using diagnostic kits based on these patents from Prometheus until 2004 after which Mayo developed its own diagnostic tests for the same purpose. Prometheus sued Mayo for infringement at the…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 700Views 0Like

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This image depicts Philo Fransworth with a Television of the medieval era. This image is relevant as the post is about patent of the Idiot Box. Click on this image for more information

Father of the Electronic Idiot Box

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…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 960Views 0Like

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Post-dating Patent Applications

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…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 2034Views 0Like

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Alice vs. CLS saga

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…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 900Views 0Like

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This image depicts a prototype of word STOP being chained from both the sides. This image is relevant as this post is about Prosecution History E’stop’pel. Click on this image for more information

Prosecution History E’stop’pel!

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.…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 800Views 0Like

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This image depicts a Black & WHite Photograph of Jonas Salk. This image is relevant as he is a true humanitarian who has invented Polio Vaccine. Click on the image for more information

Dr. Jonas Salk – The True Humanitarian

This post was first published on 31st October, 2014. Some people work towards finding solutions to a better way of life, round the clock. The youth of today is independent, confident and progressive. The world feels like a wonderful place to live in. But we wouldn’t have been able to “stand on our own legs”, literally, if not for a wonderful human being called Dr. Jonas Salk. October 28, 2014, on the day we celebrate as the birth centenary of the…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1046Views 0Like

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Evidence Required to Determine Well Knownness of a Trademark – Part III

This post was first published on 3rd July, 2014. As discussed in my previous post, the claimant of well knownness of a trademark is required to prove the popularity of the mark among relevant public by submitting cogent, clear and convincing documentary proof. In this post, we will be discussing the list of documents that the courts or the Trademark Office considers as valid proof for determining the well knownness of a trademark. Although a hard and fast rule cannot be…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2345Views 0Like

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Tesla’s Open Source Patent Saga

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…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1115Views 0Like

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Panacea of the People for More than Two Centuries

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.…