This post was first published on March 1, 2010.
Claims draw the boundary to the invention that is being claimed. The boundary that is being drawn must be carefully done in order to ensure that the claims serve their purpose. The point here is that every claim must have a specific purpose and must be targeted to a potentially infringing product or process, or be targeted to protect a specific implementation (in case of defensive approach). In order for the practitioner…
This post was first published on February 25, 2010.
On reading Siddharth’s post on the 19th February decision (G02/08) from the Enlarged Board of Appeal regarding the Swiss type claims, I got motivated to write something about the Swiss type claims and the reason for its birth and death.
Like in India, Method of Treatment and Method of diagnosis (in vivo) has always been non patentable subject matter in Europe (Article 52(4)). Furthermore, before the concept of Absolute Novelty was introduced by…
This post was first published on February 24, 2010.
If the 19th February decision (G02/08) from the Enlarged Board of Appeal (EBA) at the EPO is to be simplistically interpreted, “Swiss” Type claims are indeed history.
As most of our readers must be aware of the nature of a “Swiss” type of claim language. A “Swiss” type claim is essentially used to cover the so called Second, Third and Subsequent uses/medical indications of a known substance or composition. Taking our readers a…
This post was first published on February 16, 2010.
Enabling designing around existing patents to promote progress of Science and technology forms a small but a non trivial part of the rationale behind existence of the patent system.
To be able to safely design around patents it is critical to be able to understand the scope of protection rendered to that patent. The best place to start is the claims of patent since it determines the metes and bounds of the patented…
This post was first published on February 7, 2010.
In one of my earlier posts entitled, 'Why do inventors invent?', I provided the results of a study on inventor incentives carried out by us. It can be noted from the results that a very small percentage of the inventors expressed that financial incentives encourage them to invent. The learning from the study is that an incentive mechanism must include incentives other than financial in order to encourage inventors to invent.…
This post was first published on May 10, 2010.
Professors at University of California Berkeley are proposing a defensive licensing scheme to fight patent risks in development and use of open source software. In one of my earlier posts, I wrote about the risk of patent infringement with respect to use of open source software and steps to mitigate the same. The model being proposed by Professor Jason Schultz and Professor Jennifer Urban may play an important role in minimizing patent…
“Indian patent statistics, Interesting inventions, M. Venkaiah Naidu emphasizes on the importance of the patent system in the 18th General Assembly of the Asian Patent Attorneys Association, VTU to start an online certification course on IPR, Motorola wins patent infringement suit against Hytera Communications, Broadcom and Volkswagen to settle patent dispute out of court and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Design Quote of the Week …
“Indian patent statistics, Interesting inventions, DIPP Secretary states that a new Industrial Policy will soon be in place, L’Oréal sues Drunk Elephant, UK Supreme Court dismisses Pfizer's patent claim on pregabalin, Apple versus Qualcomm - No Settlement Talks are on, IP Awareness Summit (IPAS), 2018 to be hosted by CIPU, in late November, EPO hosts the 28th Annual Patent Information Conference in Brussels and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent…