This post was first published on 24th April, 2012.
The relevant paragraphs of the case are reproduced below, a case brief will follow soon:
60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage…
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…
This post was first published on 14th January, 2011.
Filing of a Patent application in India has been simplified by the option of E-filing software. With the use of digital signature an authorized patent agent or applicant can directly file a patent application in the E-filing software.
Normally, a patent application can be filed by the true and first inventors or the assignee having acquired the authority from the true and first inventors.
The following documents/forms are required at…
This post was first published on 4th November, 2011.
One of the strategies adopted by the examiner/searcher while performing a prior art search is to identify the classification of the invention's subject matter. Patent classification is a way by which a patent office arranges identical or similar patent documents. A patent document can be classified in several classes.
There are numerous patent classification systems available across the world such as International Patent Classification (IPC), United States Patent Classification (USPC), European…
This post was first published on 4th September, 2014.
A cane, as I had mentioned in one of my earlier posts, is a blind person's lifeline. It allows a person to make his way around by means of touch from a distance. The length of the cane may vary based on a person's height, and on an average, it allows a blind person to feel for objects up to about a distance of 1.2 metres.
Traditional canes operate completely on the basis…
This post was first published on 23rd June, 2014.
Intellectual Property (IP) has been continuously evolving. It is now not restricted to just categories like Patents, Trademark, Designs and Copyrights. Judicial activism has widened the scope of IP to cater to new forms of protection, one such addition is "Personality Rights".
Personality Rights are made up of two kinds of rights: the Right to publicity and the Right to privacy. The Right to publicity which is usually attributed to celebrities or famous people is of great…
This post was first published on 23rd April, 2014.
An idea may be defined as a thought, which cannot be seen, touched or heard. In other words, an idea is entirely intangible in nature. Ideas can be kept secret or commercially exploited, but to gain protection, they need to satisfy the threshold of originality and novelty. Even though ideas act as catalysts for various Intellectual Property protections, by themselves, they are not qualified to obtain protection. Since an idea, taken at face value, does not fulfill the requirements…
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…
This post was first published on 20th May, 2013
Gawker media gets sued by Dr. Phil for copyright infringement
Dr. Phil sued Gawker media for copyright infringement when a part of his exclusive interview with Ronaiah Tuiasosopo was shown in another show by Gawker media. Claiming to have misappropriated and stolen a part of the show, the aggrieved Peteski productions of Dr. Phil sued Gawker media for infringement.
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The company that supervises the US 'Six-Strikes' Policy loses its status as a…
This post was first published on 26th February, 2011
14 participants, 3 hosts and 49 matches. Biggest and most awaited cricket tournament ICC Cricket World Cup 2011 edition kick started in style on 19th February 2011 in Sher-e-Bangla national stadium, Bangladesh. The cricket fans all over the world are celebrating the event. With a strong Line Up, Indians are the clear favorites. Moreover this is said to be the last world cup of many cricket maestros along with the…