This post was first published on July 18, 2014.
After studying citations from patents that were invalidated by US Judges, researchers from the London School of Economics commented, "Patent invalidation has a significant impact on cumulative innovation in the fields of computers and communications, electronics and medical instruments (including biotechnology). We find no such effect in fields involving drugs, chemicals or mechanical technologies." Let us now take a look at why this discrepancy exists.
What is patent invalidation?…
This post was first published on July 17, 2014.
A transitional phrase is a part of the claim that connects the preamble and the body. The Transitional phrase determines as to whether a claim is “Open” “Partially Open” or “Closed.”
Open Claim
An Open claim includes additional unrecited elements i.e., if a claim, which is Open, recites elements A, B, C and D, then an article which includes elements A, B, C, D and E…
This post was published on September 17, 2014.
All applicants have a desire that their patent applications get prosecuted faster and their patents get a grant on priority, however, such desires are seldom fulfilled. Blame it on the backlog, if you will, and several other reasons for the delay, but patent applicants have to wait more than 3 years to get their patents granted.
Empathizing with the concerns of the applicant, several patent offices have devised procedures to expedite…
This post was published on August 08, 2014.
Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today's post, however, unravels the puzzling question of how to claim priority even from a post-dated application!
We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches,…
This post was first published on July 16, 2014.
It would have been very well drummed into a patent professional, Mr. X, who has just started drafting a patent specification that “claims form the heart of a patent application,” or the “name of the game is claim,” and so on. Very few might agree with me if Mr. X has been told to carefully consider the words and/or features and/or the language used in the preamble, as…
This post was published on August 25, 2014.
Last week we discussed the talking walking stick innovation. Today, I am here with another patent, brought to my attention by the reliable, Naveen. Banking on certain patents to navigate your way through the world, is not an uncommon feature in knowledge driven industries and I embark on a mission to learn a few tricks. This patent, filed in 2008, by Universidade Do Porto, Portugal, seems to be an outcome of Academic Research.
The Guidance, navigation and…
This post was first published on March 15, 2011.
The draft Patent (Amendment) Rules, 2011 have been notified for publication in the Gazette of India. Any objections or suggestions may be sent by email to chandni[dot]raina[at]nic[dot]in within 45 days from the date on which the official gazette, containing the notification, is made available to the public. This amendment rules have made it easier for patent applicants and practitioner by providing for online filing of documents.
Following are the salient features of the…
“Patent News Bulletin: Indian Patent Statistics, Indian Design Statistics, Interesting Inventions, Artificial Intelligence based automated music composing model, Alert system to prevent smuggling of valuable trees, IPO clarifies on submission of Declaration under Rule 14.17 via ePCT, AI to be inducted in Patent Office’s operations, 3M settles patent lawsuit with Saint-Gobain, Vodafone faces patent infringement suit in Europe, China to amend patent law, USPTO proposes hike in patent fees, AI named as inventor in patent and more” presented to you…
This post was published on May 2, 2011.
The debate with respect to genetic and stem cell patents is alive with the European Court of Justice's (ECJ) preliminary opinion in March. According to the opinion, embryonic stem cells are not patentable because the use of totipotent stem cells amounts to the use of human embryos for industrial or commercial purposes. Since totipotent stem cells can develop into a human being and are derived from an embryo, they can be considered to…
This post was published on August 20, 2014.
August 19 is celebrated as World Photography Day! Photography, in layman’s language, is an art of producing images using a camera. The history of recording images dates back to the late BC, though this cannot be substantiated. Later, in 1839, Louis Daguerre, a French artist and photographer, introduced Daguerreotype, the first publicly announced photographic process. In 1840, the first American patent (US 1582) was issued in photography to Mr. Alexander Wolcott, for his…