Intellectual Property Archives

Prosecution History Estoppel

Patent prosecution is an iterative process and it is during this process that the applicant often changes the language of their proposed claims. The doctrine of prosecution history estoppel, formerly known as file wrapper estoppel has been defined as an equitable tool for determining the scope of patent claims. This occurs when an inventor amends the patent application by narrowing the claims during the course of patent prosecution to overcome a rejection. It has received a great deal of attention…

November 27, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 2617Views 0Like

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Finding Ideas, Inventions and Creations – IP Audits II

Discovering ideas in a company is an important, but a very difficult task to accomplish. Three basic factors, among others, make the process of discovery very complex and arduous. They are: Internal biases; External environment; and knowledge and process issues. R & D and engineering divisions of many companies in India have an inherent bias against IP protection, and often take up IP activities only due to pressure from the senior management, and not because they believe…

November 27, 2015 BananaIP Reporter Intellectual Property, IP Audits 0Comment 671Views 0Like

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European Plant Patent

How is it even possible! I know, but that’s true. European fruits and vegetables have come under threat since the European Patent Office decided this spring to allow the patenting of natural plant properties. But that’s not legal! You are right! As of now according to part G-chapter II-5.4.1 -when a claim to a process for the production of a plant variety is examined, Art. 64(2) is not to be taken into consideration (see G 1/98). Hence, a process claim…

November 27, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 752Views 0Like

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Ford Patents Autonomous Vehicle for Charging

Conventional plug-in hybrid electric vehicle (PHEV) is a combination of two propulsion systems, one is an IC engine propulsion system and the other is an electric propulsion system in which electric motor powered by a battery element is used for propulsion. The purpose of electric propulsion system is intended to achieve either better fuel economy than a conventional IC engine or better performance. To re-charge the battery element, manual operation has to be carried out by plugging the battery element…

November 27, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 692Views 0Like

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Intellectual Property and Licensing- A presentation by Dr. Kalyan C. Kankanala at IIM-B

This presentation was delivered by Dr. Kalyan C. Kankanala to PGP-Enterprise Management students at IIM-Bangalore, as a part of their Business Law curriculum. The presentation entitles Intellectual property and Licensing covered the following topics- Idea- What is an idea, example, whether all ideas can be protected. Patent- What is a patent, term of a patent. Protection Strategy Spectrum Licensing Copyright- What is copyright, idea/ expression dichotomy, term of copyright. Protection with respect to copyright…

November 27, 2015 BananaIP Reporter Copyrights, Industrial Designs, Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 699Views 1Like

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Ignition, Gear and Lift-off!

The idea for a flying car has now moved a step closer to reality from fantasy. The world's biggest automaker Toyota recently filed a patent application revealing a flying vehicle resembling a hover car or a roadable aircraft. The USPTO has published the patent application disclosed in application no. 14/194,795 on September 3rd, 2015. The patent discloses a vehicle that can be both, flown as a fixed wing aircraft and driven as a land vehicle. The invention titled “stackable wing…

November 27, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 660Views 0Like

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Extension of Waiver for Pharma Patents until 2033 A.D.

After intense negotiations between the United States and the Group of Least-Developed Countries, the World Trade Organization committee on intellectual property rights finally decided to extend a waiver allowing LDCs from applying and enforcing IP rights on pharmaceutical products until 2033. The consensus among the World Trade Organisation (WTO) members over extension of waivers in respect of pharmaceutical patents for the least developed countries (LDCs) is being held as a major breakthrough in the world of pharmaceutical patents. Following the…

November 26, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 856Views 0Like

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Samsung and Huawei Lose Patent Fight against Unwired Planet

In a recent development in the realm of SEP’s , a US technology firm; Unwired Planet, Inc. has won the first round against electronic giants Samsung and Huawei over a mobile communication technology said to be essential to the 4G telecommunication system. The interim judgment was passed by the UK Patents Court against as many as 8 parties including Samsung, Huawei, Google and its subsidiaries, and Ericsson earlier this year in July 2015. In March 2014, Unwired Planet brought a…

November 25, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 871Views 0Like

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Exceptions for Access to the Blind

Provisions for facilitating access of copyrighted works to the disabled, including blind persons, were introduced in the Indian Copyright Act, 1957 in 2012. Limitations and Exceptions in the Indian Copyright Law can be categorized into two types: Fair Dealing exception for the disabled; and Compulsory License for making works accessible to the disabled. Fair Dealing ((Section 52(zb)) The use of a work for making it accessible to a disabled person is considered as fair dealing under the Indian…

November 25, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1618Views 0Like

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Patent Trolls – Lesson No. 2

In furtherance to my recent post on patent trolls or the Non Practicing Entities (NPEs), I would like to discuss here in this post about how software technology is becoming a treasure trove for patent trolls. Cloud based business products are one of the major business fields today. Software-oriented platforms such as C (SaaS) providers are primary targets for the patent trolls. General observation indicates that in the area of software patents the patents are much broader. In several instance, patents…