First Publication Date: 11th January 2011.
It has been reported that Tata Motors has invested $15milliion on the research being conducted at MIT which aims at using water as a fuel to run cars. Every one is today keen to know about what is the need for this research and how it is possible?
The conventional sources of energy for power generation are non-renewable and are depleting fast. As a result, the automobile industry is heading towards a crisis due to running…
First Publication Date: 6th January 2011
When the US sneezes, the world catches cold!
This statement holds absolutely true for debates over patent infringement damages. It has been just two days that United States Court of Appeals for the Federal Circuit (CAFC) pronounced the judgment in the much hyped Uniloc v. Microsoft case and the world is already drooling over the reincarnated debate. The facts, in a nutshell, involve Uniloc suing Microsoft over infringement of their patent related to software…
First Publication Date: 29th December 2010
In an extremely globalized world where we talk of reducing our carbon footprint, it is obvious that the leaders of tomorrow would be those who can use the alternatives to non renewable sources of energy to the fullest. Green technologies like Solar Energy, Hydel Power and Wind energy are being researched upon the world over and the least the governments can do is provide more and more incentives for development of these technologies.
The U.S.…
First Publication Date: 27th December 2010
To be patentable subject matter in USA, an invention should be a process, machine, manufacture or composition of matter or any improvement thereof. There are three judicially created exclusions to patentable subject matter in USA. They are Laws of nature, physical phenomena, and abstract ideas. Biotechnology (Biotech) inventions are considered to be eligible subjects as Compositions of matter or manufactures.
The exclusion most relevant for biotech inventions is 'Laws of nature' exclusion. US Courts…
First Publication Date: 22nd December 2010
The other day, while I was having a heated discussion with 2 fellow bloggers about the patentability of repurposed drugs i.e. patenting of new use of a known drug, we hit a road block with regard to patent value of an intermediate. The question raised was "Will a newly found first use of an already known intermediate be patentable in India?"
I am rephrasing the question for the purpose of this discussion.
“Will the exclusion criterion elaborated…
First Publication Date: 19th December 2010
Since its inception, patent law has been customized and fine-tuned by governments to meet the needs of evolving technologies. Strong basic principles have evolved to cater to the needs of traditional fields of science and technology, and they have been working well in promoting progress. However, these basic principles have utterly failed in a number of ways when applied to Modern Biotechnology. The unique nature of Modern Biotechnology is the main reason for this failure.
Why…
“Indian patent statistics, Interesting inventions, “Workshop on IP Rights” to be hosted by Maharaja Sayajirao University of Baroda, G.K Law College to organize a National Seminar on IPR, EPO’s first patent publication and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Quote of the Week
“Owning Intellectual Property is like owning land. You need to keep investing in it again to get a payoff; you can’t simply sit…
First Publication Date: 21st December 2010.
It is a busy world and a busy life. People are in a hurry to earn their living and achieve some thing in life. During the rush to fulfill their dreams, they hardly find time to catch up with their loved ones and even forget to enjoy life. That is the point where festivals play a significant role. Nowadays festivals are the only occasions during which people reunite with their dear ones and find…
First Publication Date: 11th December 2010.
A person falling within the scope of a defense will not be liable for infringement though his product or process is infringing. Some of the defenses to patent infringement recognized under the Indiann Patent Law are:A. Experiment, Research or Education;
B. Bolar Exemption;
C. Government use; and
D. Parallel Imports.
A. Experiment, Research or Education
Use of a patented invention for experimentation or research is a defense to patent infringement. The provision relating to experiment and research under the Indian…
First Publication Date: 9th December 2010
This is in furtherance of my post on drafting patent licenses. The final deal in a license transaction depends on how well a person can negotiate and not on what is fair. "You get what you bargain for and not necessarily what is fair." Therefore, preparation for a license negotiation and negotiation skills play an important role in the final outcome.
The first step towards preparing for a license negotiation is patent strength evaluation. A Licensor…