This post was first published on 15th July, 2014.
A provisional patent application is usually filed with a singular purpose - To gain the first (earliest) filing date or to gain priority for the application. As we are aware, gaining priority or an earlier filing date is imperative to the patent grant process. Why then, do we find so many of us opting to post-date their provisional application before filing a complete specification?
Post-dating refers to the shift in the Priority date of an…
This post was first published on 19th September, 2014.
A thought is emerging in the US that the Alice vs. CLS decision was a game-changer and that software patent protection in the country has been seriously eroded. Let us see what happened between them and how it affects us.
Who is Alice?
Alice Corporation claims to be an innovator in financial markets. The Company has obtained patents on its innovations worldwide, including in the United States. It was founded by privately-held…
This post was first published on 3rd September, 2014.
All of us have experienced times when things don’t work the way we want them to when we really need them to. Exactly the same way, extended protection given to the patentee under the Doctrine of Equivalents (DOE) doesn’t always help you when you need it the most. Many a time, the application has to be amended in order to accommodate the Patent Law requirements, which is called the Prosecution History or File-Wrapper.…
This post was first published on 31st October, 2014.
Some people work towards finding solutions to a better way of life, round the clock. The youth of today is independent, confident and progressive. The world feels like a wonderful place to live in. But we wouldn’t have been able to “stand on our own legs”, literally, if not for a wonderful human being called Dr. Jonas Salk. October 28, 2014, on the day we celebrate as the birth centenary of the…
This post was first published on 3rd July, 2014.
As discussed in my previous post, the claimant of well knownness of a trademark is required to prove the popularity of the mark among relevant public by submitting cogent, clear and convincing documentary proof. In this post, we will be discussing the list of documents that the courts or the Trademark Office considers as valid proof for determining the well knownness of a trademark.
Although a hard and fast rule cannot be…
This post was first published on 1st July, 2014.
After the recent, almost philanthropic action of Tesla's, there seem to be several nagging unanswered questions looming in our heads. Here are a few that we have addressed for you, Dear Reader.
Who is Tesla?
Tesla Motors is the name of a Californian Automobile Company founded in 2003 by a group of Silicon Valley Engineers who set out to prove that electric vehicles could be awesome.
Their sports car Tesla Roadster hit…
This post was first published on 20th June, 2014.
Have you ever heard about 'Patent Medicines?' While not confusing the term with patented drugs, we should note that this term was associated with drug compounds in the 18th and the 19th century. They were not patented but Trademarked Medicines and were termed Nostrum Remedium in Latin . These medicines were sold with interesting names and tall claims of curing a long list of illnesses!
Originally, patent medicines were named after the 'Letters Patent' granted by the English Crown.…
This post was first published on 2nd September, 2014.
Trade Related aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO) came into effect in 1995 mandating all the developing member countries to bring in TRIPS-compliant national laws within ten years i.e., 2005.
India became a party to the TRIPS Agreement in April, 1994. At that time, India's then-current enactment of the Patent Act, 1970 directly contravened Article 27 of the TRIPS Agreement. Upon coming into effect on…
This post was first published on 4th July, 2014.
Compulsory Licenses are licenses granted by the government or the patent office, irrespective of whether the patent holder gives consent to such a license. For most types of Compulsory Licenses, the granting authority fixes the royalty payable to the patent holder. Compulsory Licenses, with respect to patents, are of various types:
General Compulsory License – Granted for all types of inventions when certain predefined parameters are satisfied;
Compulsory License in National Emergency,…
This post was first published on 10th June, 2014.
Trademarks are vital for the commercialization and growth of an industry. It is a valuable asset for a business entity as it acts as a link between the goods and the producer. It is through trademarks that consumers identify a particular product, as a result of which, it can be rightly said that the reputation of a company is built on trademarks.
As a brand gains popularity, it is subject to various…