Patents Archives

Open Source Software and Patent Risks

First Publication Date: 8th November 2009 Software can be protected under both copyright and patent law. While copyright protection for software existed for a long time, patent protection for software evolved during the last decade. Copyright over software protects the literal and/or artistic elements of the software such as code and/or user interface. On the other hand, a patent over software protects functional elements of the software. The concept of “Open Source Software” (OSS) evolved in response to proprietary software…

October 24, 2018 BananaIP Reporter Intellectual Property, Open Source Licensing, Patents 0Comment 1957Views 0Like

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Case Review: Garaware v. Techfeb

First Publication Date: 19th November 2009 In my previous post I had analyzed the claim of the patent that is alleged to have been infringed. In this post, I will follow it up by analyzing the complete specification, and commenting on the manner in which the patent specification is drafted and positioned for examination. I have uploaded the patent specification for those of you who want to give it a read: IN195352 - Garware - Garaware vs Techfab The invention…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 713Views 0Like

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Garaware Vs Techfeb

First Publication Date: 7th November 2009 An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent. The details of the case can be found if you have access to Manupatra, or just…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 775Views 0Like

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Life of a Gene in India

First Publication Date: 3rd November 2009 Last weekend, at a training session in Hyderabad, I was once again confronted by the ever sizzling issue of Indian Patent Office's stand with regard to patenting of Gene Sequences. The outcome of that heated argument is this post of mine. Prior to signing the TRIPS, any invention even remotely linked with living organism (including micro organisms) was not patentable subject matter in India. Article 27 (3) of TRIPS required its signatory to allow patents for…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1032Views 0Like

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Claims! A Legal Fence and Public Notice

First Publication Date: 1st November 2009 The government in the guise of the patent office is guided by the Patent Act and rules of the respective country to confer the necessary rights to the inventor(s) for his/her invention. The extent of the rights is determined by the scope of the claims in a patent application which the inventor(s) files with the patent office. The two broad factors that largely tend to affect the scope of the claims are: 1) The prosecution history of…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 752Views 0Like

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To Publish or Not: Well, it Depends!

First Publication Date: 5th November 2009. In US, it is possible to block publication until grant of a patent application provided certain conditions are met. According to § 1.213 of MPEP, if the invention disclosed in an application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the application will not be published, provided: (1) A request (non-publication…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 832Views 0Like

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Guidelines for Writing an Abstract from the Indian Patent Office

First Publication Date: 1st November 2009 According to Section 10(4)(d) of The Indian Patent Act, every complete specification shall include an abstract section to provide technical information on the invention. According to Rule 13(7) of The Patent Rules, the abstract section shall begin with the title of the invention. The abstract shall also indicate the technical field of the invention, the technical problem the invention solved by the invention, how the invention solves the mentioned problem and the use(s) of…

October 22, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2936Views 0Like

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SIPP scheme, UGC asks Universities to provide IPR as an optional subject, NASA to License Patent Portfolio, Treadmill patent infringement and more

“Indian patent statistics, Interesting inventions, CGPDTM & DIPP issue notice for empanelment of facilitators under SIPP (Startup Intellectual Property Protection) scheme, UGC asks Universities to provide IPR as an optional subject, Patent infringement disputes, Treadmill patents, NASA to License Patent Portfolio 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 “Design must be functional, and functionality must be translated into visual aesthetics without…

October 22, 2018 BananaIP Reporter Industrial Designs, Intellectual Property, Patents 0Comment 819Views 0Like

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Diamond v. Chakrabarty, 447 U.S. 303 (1980)

First Publication Date: 21st December 2008. Issue Whether a live, human-made micro-organism is patentable subject matter under section 101 of the Patent Act. Holding Yes, a human made microorganism is patentable under section 101. Case Facts Chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil compounds, could be transferred and maintained stably in a single Psuedomonas bacterium, which itself has no capacity for degrading oil. Chakrabarty's patent claims were of three types: first, process claims for the method of producing…

October 21, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2414Views 0Like

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Apache License, Version 2.0

First Publication Date: 10th November 2008 The Apache License applies to all software contributed by Apache or any other person under the license. Copyright and Patent License The license grants both copyright and patent rights over any software distributed under the license the licensee (any person receiving or using a software under the license.). The license grants the following rights under the copyright law: Right to reproduce the software; Right to modify the software; Right to publicly display; Right to…