Intellectual Property Archives

The image depicts a gabion alongside a river.

Garaware Vs Techfeb

First Publication Date: 7th November 2009 An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent. The details of the case can be found if you have access to Manupatra, or just…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 775Views 0Like

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The image depicts a picture of a dna as the post is about life of a gene patent in India.

Life of a Gene in India

First Publication Date: 3rd November 2009 Last weekend, at a training session in Hyderabad, I was once again confronted by the ever sizzling issue of Indian Patent Office's stand with regard to patenting of Gene Sequences. The outcome of that heated argument is this post of mine. Prior to signing the TRIPS, any invention even remotely linked with living organism (including micro organisms) was not patentable subject matter in India. Article 27 (3) of TRIPS required its signatory to allow patents for…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1033Views 0Like

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Claims! A Legal Fence and Public Notice

First Publication Date: 1st November 2009 The government in the guise of the patent office is guided by the Patent Act and rules of the respective country to confer the necessary rights to the inventor(s) for his/her invention. The extent of the rights is determined by the scope of the claims in a patent application which the inventor(s) files with the patent office. The two broad factors that largely tend to affect the scope of the claims are: 1) The prosecution history of…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 754Views 0Like

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The image depicts a cartoon of a newspaper as the post is about publication of patent application.

To Publish or Not: Well, it Depends!

First Publication Date: 5th November 2009. In US, it is possible to block publication until grant of a patent application provided certain conditions are met. According to § 1.213 of MPEP, if the invention disclosed in an application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the application will not be published, provided: (1) A request (non-publication…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 833Views 0Like

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The image depicts a person writing a the post is about guidelines for writing a patent abstract for the Indian Patent Office.

Guidelines for Writing an Abstract from the Indian Patent Office

First Publication Date: 1st November 2009 According to Section 10(4)(d) of The Indian Patent Act, every complete specification shall include an abstract section to provide technical information on the invention. According to Rule 13(7) of The Patent Rules, the abstract section shall begin with the title of the invention. The abstract shall also indicate the technical field of the invention, the technical problem the invention solved by the invention, how the invention solves the mentioned problem and the use(s) of…

October 22, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2940Views 0Like

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The image depicts the words 'Start Up' with the silhouette of a man jumping as the post is regarding patent filing strategies for startups

Patent Application Filing Strategy for Individual Inventors

First Publication Date: 31st October 2009 More often than not, most of the companies, be it mid size or large, and in some cases even start-ups, seem to have some strategy or the other when it comes to filing patent applications for their invention. These companies would have identified the markets in which they want to protect their invention, and they also would be aware of the various methods of monetizing their invention/patent. More importantly, these companies would be ready to…

October 22, 2018 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, IP for Start Ups 0Comment 755Views 0Like

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Common Public License Version 1.0

First Publication Date: 3rd April 2009 The Common Public License (CPL) is an open source license agreement released by IBM. The company holds copyright over the license. It permits the distribution of the license but limits the right to modify it. Softwares such as Windows Installer XML developer tool, Windows Template Library and so on have been released under the Common Public License. Rights The agreement grants a license over the following rights under the copyright law to every person…

October 22, 2018 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source Licensing 0Comment 1697Views 0Like

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Common Development and Distribution License (CDDL) – Version 1.0

First Publication Date: 3rd March 2009 The CDDL was formulated by Sun Microsystems for development and distribution of some of its software. The license is considered to be one of the most popular licenses. Some of the softwares released under CDDL include, OpenSolaris, NetBeans IDE and RCP, GlassFish, JWSDP and so on.Rights Any person receiving a software under CDDL gets a world wide, non-exclusive and royalty-free license over the software. The license grants the following rights over the software: Copyrights The…

October 22, 2018 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Open Source Licensing 0Comment 1495Views 0Like

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SIPP scheme, UGC asks Universities to provide IPR as an optional subject, NASA to License Patent Portfolio, Treadmill patent infringement and more

“Indian patent statistics, Interesting inventions, CGPDTM & DIPP issue notice for empanelment of facilitators under SIPP (Startup Intellectual Property Protection) scheme, UGC asks Universities to provide IPR as an optional subject, Patent infringement disputes, Treadmill patents, NASA to License Patent Portfolio and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design quote of the Week “Design must be functional, and functionality must be translated into visual aesthetics without…

October 22, 2018 BananaIP Reporter Industrial Designs, Intellectual Property, Patents 0Comment 824Views 0Like

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The image depicts a microorganism on a black background.

Diamond v. Chakrabarty, 447 U.S. 303 (1980)

First Publication Date: 21st December 2008. Issue Whether a live, human-made micro-organism is patentable subject matter under section 101 of the Patent Act. Holding Yes, a human made microorganism is patentable under section 101. Case Facts Chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil compounds, could be transferred and maintained stably in a single Psuedomonas bacterium, which itself has no capacity for degrading oil. Chakrabarty's patent claims were of three types: first, process claims for the method of producing…

October 21, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2419Views 0Like

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Celebrating 20 Years of IP Excellence

Garaware Vs Techfeb

Life of a Gene in India

Claims! A Legal Fence and Public Notice

To Publish or Not: Well, it Depends!

Guidelines for Writing an Abstract from the Indian Patent Office

Patent Application Filing Strategy for Individual Inventors

Common Public License Version 1.0

Common Development and Distribution License (CDDL) – Version 1.0

SIPP scheme, UGC asks Universities to provide IPR as an optional subject, NASA to License Patent Portfolio, Treadmill patent infringement and more

Diamond v. Chakrabarty, 447 U.S. 303 (1980)

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