Intellectual Property Archives | Page 174 of 269

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GI Applications Filed in India

First Publication Date: 17th November 2009 The Geographical Indication Act, 1999 came into force on 15th September, 2003. The first GI was filed on 27th October, 2003 by the Tea Board, West Bengal for Darjeeling Tea in class 30. Thereafter, approximately 130 GI has been registered and Published in the GI Journal. GI registration is accorded to products with a reputation attributable to their place of origin or the area where they are manufactured. Filings for GI have increased with in…

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Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

First Publication Date: 9th November 2009 In my earlier post I had discussed about the prosecution and litigation and the effects of prosecution on the outcome of litigation. Friends, here is a case where the Delhi High Court has allowed a Patent holder to amend his claim (or, should I say extending the scope of claim) after a suit for infringement has been filed. An Indian Patent (no. 190380) has been granted to AGC flat glass (formerly, known as Glaverbel). AGC files a…

October 24, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1490Views 0Like

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Open Source Software and Patent Risks

First Publication Date: 8th November 2009 Software can be protected under both copyright and patent law. While copyright protection for software existed for a long time, patent protection for software evolved during the last decade. Copyright over software protects the literal and/or artistic elements of the software such as code and/or user interface. On the other hand, a patent over software protects functional elements of the software. The concept of “Open Source Software” (OSS) evolved in response to proprietary software…

October 24, 2018 BananaIP Reporter Intellectual Property, Open Source Licensing, Patents 0Comment 2048Views 0Like

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IPAB Dismisses Plea Against iPhone Trademark, Wrangler’s Battle Aagainst Counterfeiters, Mickey Mouse Turns 90 and other news

Indian Trademark Statistics for October (Fourth Week) 2018, Apple Files for Liquid Retina Trademark, Ethnic Fashion Brand by Saif Ali Khan, Bihar’s Shahi Litchi Obtains GI Tag, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “If you do not give the market the story to talk about, they’ll define your brand’s story for you.” – David Brier INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office have had a slow week.…

October 24, 2018 BananaIP Reporter Intellectual Property, Trademarks 0Comment 860Views 0Like

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Case Review: Garaware v. Techfeb

First Publication Date: 19th November 2009 In my previous post I had analyzed the claim of the patent that is alleged to have been infringed. In this post, I will follow it up by analyzing the complete specification, and commenting on the manner in which the patent specification is drafted and positioned for examination. I have uploaded the patent specification for those of you who want to give it a read: IN195352 - Garware - Garaware vs Techfab The invention…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 768Views 0Like

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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 813Views 0Like

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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 1094Views 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 832Views 0Like

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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 883Views 0Like

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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…