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Patentability of scientific principles and natural relationships in the light of Laboratory Corp. v Metabolite

First Publication Date: 2nd October 2010 Introduction The scope of patentable subject matter in USA can be considered to be the broadest in the world. The US patent system has been responding to new technologies faster than that of any other country. The US was the first to open its gates to patentability in fields such as Biotechnology, Information Technology or Business Methods. The adaptive and flexible nature of the patent regime can be attributed to the open language used under section…
December 7, 2018 Intellectual Property, Patents 0Comment 1917Views 0Like
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Weekly Copyright News Updates - Intellepedia

Fan’s Facebook Page is Back, PIL Filed Against Kedarnath, Fox News Wins Copyright Suit, Tatasky New Partner and More

  Ilaiyaraja Threatens Legal Action for Non-Payment of Royalties, Fan’s Facebook Account Reactivated After BCCI Copyright Row, Another PIL Filed Against Kedarnath for Hurting ‘Hindu Sentiments’, Qatar Requests WTO Proceedings Against Saudi Arabia’s IP Violations, Gayle Awarded AUD 300,000 In Defamation Claim Against Fairfax Media, Russian IP Courts Set to Use First Intellectual Property Blockchain, Fox News Wins Copyright Suit Against Monitoring Service TVEyes, Clothing Brand Fashion Nova Slapped with Copyright Infringement Suit, Etsy and Seller Sued for Copyright Violation, Netflix…
December 7, 2018 Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law 0Comment 791Views 0Like
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Should Medical Methods Be Patented?

First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing to the economic development and prosperity of mankind. Though the patent system has played a critical role in the progress of science generally, its benefits have not been extended to medical…
December 6, 2018 Intellectual Property, Patents 0Comment 1618Views 0Like
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Patent Claims x

Complications In Patenting Biotech Inventions: A Peek At US Law

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code.…
December 6, 2018 Intellectual Property, Patents 0Comment 1120Views 0Like
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Weekly Trademark News Updates

Lord Ganesha for Beer? The Roald Dahl Animated Series on Netflix, Yellow Belly Beer in Trouble, and other news

  Indian Trademark Statistics for December (First Week) 2018, HBO Sound Trademark, Chhota Bheem Fights Counterfeiters, Lord Ganesha for Beer? Erode Turmeric GI Accepted and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Mass advertising can help build brands, but authenticity is what makes them last. If people believe they share values with a company, they will stay loyal to a brand” -Howard Schultz INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office…
December 5, 2018 Intellectual Property, Trademarks 0Comment 807Views 0Like
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Patent Claims x

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…
December 4, 2018 Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source Licensing 0Comment 1529Views 0Like
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If I Could Copyright… My Book: Copyrights and Writers (Part 5)

Why Don’t You Copyright Me? Copyrights and Writers (Part 4)

As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered. Protecting a Writer’s Work According to Copyright law, the following types of works form the subject matter for copyright protection: Literary Work; Musical Work; Artistic…
December 4, 2018 Copyrights, Intellectual Property 0Comment 856Views 0Like
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The Indian Patent Office and Secrecy Directions

First Publication Date: 16th August 2010 As per Section (35) of the Patents Act, 1970, the Controller may notify a patent application (i.e. a patent application before the grant/refusal) as a secret. The patent application may be of a class notified by the Central Government as relevant for defense purposes or may be up to the discretion of the Controller. The patent applicant is further prohibited from publishing information related to the patent application or communicating information related to the…
December 3, 2018 Intellectual Property, Patents 0Comment 3221Views 0Like
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Patent Claims x

Bilski’s Invention Falls, Business Methods Survive

First Publication Date: 29th June 2010 The much awaited Bilski decision has been pronounced by the US Supreme Court (Bilski v. Kappos). This closely watched and highly discussed case revolves around patentability of Bilski's hedging of risks business method invention. From the day when the patent examiner rejected Bilski's claims calling them 'mere manipulation of an abstract idea' the controversy has given rise to a lot of potent questions including the likes of patentability of software and business methods and restrictions…
December 3, 2018 Intellectual Property, Patents 0Comment 872Views 0Like
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