Patently-O is an American based web blog which primarily covers the happenings in America with respect to Intellectual Property. The blog was founded by Dennis Crouch and launched in January 2005 and has often been cited as one of the best blogs of the US and the world. The blog presents an extensive empirical analysis of the US patenting system. It also provides patent prosecution tips for attorneys and inventors, statistics, and status updates of patent infringement cases.
Over the…
The Ministry of Commerce and Industry, Department of Industrial Policy and Promotion ("DIPP") issued a notification on October 26, 2015 publishing the draft Patents (Amendment) Rules, 2015 ("Draft Rules") seeking to further amend the Patent Rules, 2003 ("Patent Rules").
The notification dated 26 October 2015, published on IP India invited comments on Draft Patent (Amendment) Rules, 2015. We have submitted our recommendations and suggestions to the Ministry and are awaiting to see positive changes in the proposed rules.
In our…
This post lucidly explains the different types of application which can be filed before Indian Patent Office.
Provisional Application
Non Provisional Application/Complete Application
Conventional Application
PCT- International Application
PCT-National Application
Application for Patent of Addition
Divisional Application
Provisional Application is a non-final, preliminary application which is filed before the patent office to claim priority. This application is usually filed when an invention requires additional time to improve upon. This is beneficial because the…
“If I file a patent, will I have a global protection?” – This is a question that all patent attorneys are asked too very often. The answer is a pretty simple ‘NO’. The next question that is asked is “How do I protect my invention in more than one country?” The answer to this will be discussed in this post.
As a first lesson, the applicant must know that there are three different types of applications:
Ordinary…
With the increase in the number of sexual abuse and rape cases over the years, women and men have devised creative ways of protecting themselves against these heinous crimes. From innovative clothes to inventive devices, several patents have been filed to fend off, and also, teach a lesson to rapists. We list a few patents here.
Condom to stop rapists in their tracks- WO 2013142882
This is really a unique invention. It not only helps in preventing rape, but also…
Patent prosecution is an iterative process and it is during this process that the applicant often changes the language of their proposed claims. The doctrine of prosecution history estoppel, formerly known as file wrapper estoppel has been defined as an equitable tool for determining the scope of patent claims. This occurs when an inventor amends the patent application by narrowing the claims during the course of patent prosecution to overcome a rejection. It has received a great deal of attention…
How is it even possible!
I know, but that’s true. European fruits and vegetables have come under threat since the European Patent Office decided this spring to allow the patenting of natural plant properties.
But that’s not legal!
You are right! As of now according to part G-chapter II-5.4.1 -when a claim to a process for the production of a plant variety is examined, Art. 64(2) is not to be taken into consideration (see G 1/98). Hence, a process claim…
Conventional plug-in hybrid electric vehicle (PHEV) is a combination of two propulsion systems, one is an IC engine propulsion system and the other is an electric propulsion system in which electric motor powered by a battery element is used for propulsion. The purpose of electric propulsion system is intended to achieve either better fuel economy than a conventional IC engine or better performance. To re-charge the battery element, manual operation has to be carried out by plugging the battery element…
The idea for a flying car has now moved a step closer to reality from fantasy. The world's biggest automaker Toyota recently filed a patent application revealing a flying vehicle resembling a hover car or a roadable aircraft. The USPTO has published the patent application disclosed in application no. 14/194,795 on September 3rd, 2015. The patent discloses a vehicle that can be both, flown as a fixed wing aircraft and driven as a land vehicle.
The invention titled “stackable wing…
After intense negotiations between the United States and the Group of Least-Developed Countries, the World Trade Organization committee on intellectual property rights finally decided to extend a waiver allowing LDCs from applying and enforcing IP rights on pharmaceutical products until 2033. The consensus among the World Trade Organisation (WTO) members over extension of waivers in respect of pharmaceutical patents for the least developed countries (LDCs) is being held as a major breakthrough in the world of pharmaceutical patents.
Following the…