Celebrating 20 Years of IP Excellence

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An Incentive to Green Technology Patent Applications

  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.…

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Patentability of Biotech Inventions in USA – Patentable Subject Matter

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…

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Once an Intermediate, Always an Intermediate

  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…

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This image depicts a DNA strand. The DNA forms the basis of all life forma and conquering it is the challenge for biotechnology. This post is about the patentability of biotech inventions. Click on the image to read the full post.

Biotechnology and Patent Challenge

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…

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Indian Patent Statistics, Interesting inventions, IP counterfeiting, International patent news and more

“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…

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Decorated Christmas Trees

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…

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Shielding Patent Attacks – A Peek at Patent Defenses in India

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…

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Negotiating License Agreements

  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…

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A Conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010.   Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed…

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Drafting Valid Patent Licenses

First Publication Date: 8th December 2010 The clauses in a license agreement vary based on the nature of the patented invention. Each technology has certain unique characteristics and applications, which influence license drafting. Some of the basic clauses that go into every license agreement are as follows:This post is in furtherance of the post "Sensing Licensing Opportunities". A license is an authorization given by the patent holder to exercise the exclusive rights granted by the patent. It permits the person…

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