Intellectual Property Archives | Page 138 of 269

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

Threatened Co-existence of Breeders Rights and Patent Rights

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…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents, Plant Varieties 0Comment 1072Views 0Like

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Myriad Genetics Case : Genetic Patentability

This post was first published on 19th August, 2013. Finally, I have managed to read the Myriad Genetics case at peace. Off late, setting out to analyze the US Supreme Court's patent decisions has become a much easier task than earlier. Firstly, the Court has gotten clearer in the recent past, and secondly, it is no longer a one sided patent friendly Court. The decisions of the Court in KSR, Bilski, Mayo, and finally this case indicate that trend. In the…

July 19, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1050Views 0Like

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Demystifying the Evergreen myth

This post was first published on 19th May, 2014. Evergreening, known in the politically-correct-circles as “Life Cycle management” of a drug, is the concept of extending the exclusivity term rendered to a pharmaceutical patent through legal and business measures. Contrary to existing myths and notions, Evergreening does not stop an interested party from exploiting the invention of an expiring patent. It is purely a business strategy to introduce and position newer products (sometimes patented) into the market so as to prolong…

July 19, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1102Views 0Like

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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,…

July 18, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 907Views 0Like

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Amazon in Trouble Over Prime, KFC to Franchise 61 More Outlets, Indori Poha Likely to Join GI Race and Other News

Indian Trademark Statistics for July (Third Week), 5 Crore Penalty for a Trademark Infringement, Ryanair Sued Over Trademark Infringement, TeeStory Launches Official Disney Merchandise, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”- Daniel J. Boorstin INDIAN TRADEMARK STATISTICS Last week, the…

July 17, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 881Views 0Like

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Keeping Secrets from the Patent Office? Think Again!

This post was first published on 17th July, 2014. The Indian Patents Act, 1970 obligates an applicant under Section 8, Rule 12 to furnish information and submit an undertaking regarding foreign application or foreign filing. Under this section, an applicant has to submit details of the application filed 'in any country outside India in respect of the same or substantially the same invention' as required under section 8(1)(a); and an undertaking stating that the Applicant will keep the Controller informed of the application…

July 17, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 883Views 0Like

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Novartis Case Review

This Post was first published on 15th May, 2013. NOVARTIS AG (APPELLANT) Vs. UNION OF INDIA & OTHERS (RESPONDENTS) Decided by the Supreme Court of India, CIVIL APPEAL Nos. 2706-2716 OF 2013. Brief Facts The Appellant, Novartis, filed an application for patent in 1998 for a crystalline salt form of Imatinib and its use in cancer treatment. It specifically claimed the methanesulfonic acid addition salt form of the compound, Imatinib, called as Imatinib Mesylate (commonly referred to as Glivac or…

July 15, 2019 BananaIP Reporter Intellectual Property 0Comment 2221Views 0Like

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Post-Graduate Diploma in IPR, Patent backlog decreased by 50%, Bayer sued in Brazil and more

“Patent News Bulletin: Indian Patent Statistics, Indian Industrial Design Statistics, Interesting Inventions, IDENTIFY POLLUTANTS FROM VEHICLE EXHAUST AT TOLL PLAZAS WITH PROVISION OF PENALTY, DRINKABLE SEA WATER: DESIGN INTELLIGENT SOLAR ADSORPTION DESALINATION & COOLING SYSTEM ON SEA WATER, Indian Patent News, DPIIT receives reduced budgetary allocation for Financial Year 2019-20, RMNLU, Lucknow invites applications for Post-Graduate Diploma in IPR, Patent backlog down by 50%, Patent Licensing / Commercialization, TiVo & LG sign expanded IP Licensing Agreement International Patent News, Brazil…

July 15, 2019 BananaIP Reporter Intellectual Property, Patents, Plant Varieties 0Comment 1036Views 0Like

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Can Sound Be Registered as a Trademark?

This post was first published on 15th October, 2012. A trademark is a word or symbol which is associated with a product or company. It is one of the important Intellectual properties of any Company. With the diversification of means for branding products, sound marks/sound logos (such as Intel's "Intel inside" musical jingle"; MGM lion's roar) have got prominence and their protection has become an important aspect. No company would desire such a unique identification sound to be moving into public…

July 15, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2694Views 0Like

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Final Rules For Administrative Trials Published

This post was first published on 15th August, 2012. The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will publish final rules in the Federal Register, relating to implementation of three administrative trial provisions of the Leahy-Smith America Invents Act (AIA); inter partes review, post-grant review, and the transitional program for covered business method patents. The administrative trial final rules offer a third party a timely, cost-effective alternative to district court litigation for challenging the patentability of a…

July 15, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 819Views 0Like

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Celebrating 20 Years of IP Excellence

Threatened Co-existence of Breeders Rights and Patent Rights

Myriad Genetics Case : Genetic Patentability

Demystifying the Evergreen myth

Public Use Exemption for Patentability

Amazon in Trouble Over Prime, KFC to Franchise 61 More Outlets, Indori Poha Likely to Join GI Race and Other News

Keeping Secrets from the Patent Office? Think Again!

Novartis Case Review

Post-Graduate Diploma in IPR, Patent backlog decreased by 50%, Bayer sued in Brazil and more

Can Sound Be Registered as a Trademark?

Final Rules For Administrative Trials Published

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