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Patent Claims x

Inventive Step – Technical Advance

This post was published on 18th September, 2013.   In a recent case decided by the IPAB at a circuit sitting bench in Delhi on 5th July 2013, the Appellant (Electronic Navigation Research Institute, Tokyo) claimed that it had invented “A Chaos Theoretical Exponent Value Calculation system” and applied for patent under 3624/DELNP/2005. The Deputy Controller held that the functions of the this system was based on mathematical method for solving mathematical equations, and declined to accept the technical effect theory followed…

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The image has a huge copyright sign at the center of it. The post is about copyright assignment. Click on image to view post.

Conceptualizing Copyright Assignments & Licenses Part – I

This post was first published on 25th June, 2014.   This blog series is intended to conceptualize the principles behind copyright assignments and licenses. Copyrights, like any other Intellectual Property Rights are considered a part of Property Rights and hence can be transferred just as corporeal properties. This transfer of ownership under Copyright Law happens in three different ways; first, by executing an Assignment deed; Second, by executing a License Agreement; and third, by transmission of rights by way of operation of law. In…

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Intellectual Property

Making Institutional Research Count

This post was first published on 25th July, 2013.   Public Funded Research Institutions and educational institutions in India have begun to realise the importance of commercialising their Intellectual Property, a phenomenon that was long overdue. While a large number of these institutions are yet to be woken up to the trend, those that have tasted success are willing to explore further in order to push their returns northwards. Commercialising intellectual properties of research institutions has obvious benefits: when returns…

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The image reads Trademarks. The post is about interesting development in trademark law. Click on the image to read the full post.

Doctrine of Foreign Equivalents – Part 2

This post was first published on 14th October, 2014.   As discussed in our earlier post, the Doctrine of Foreign Equivalents under the Trademarks Law requires the Trademark Office to translate foreign words to English in order to determine whether certain marks qualify for trademark registration or not. In this post, we are looking into whether the Indian Courts consider this doctrine an acceptable principle of the Trademark Law. Indian Courts have not faced the question of applicability of this doctrine in many…

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This image depicts two dolphins jumping high over the sea with the sunset in the Background. This image is relevant as it deals with TSM test which is the Teaching, Suggestion and Motivation test. Click on the image for more information.

The TSM Test and Non-obviousness

This post was first published on 6th December, 2014.   TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked: Is the prior art quoted instrumental in teaching the reader the method of producing the invention? Does the prior art or any of its contents suggest any method of producing the invention in question? Does the…

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image for Talking Walking Stick - Blind Patents 1

Talking Walking Stick – Blind Patents 1

This post was first published on 19th August, 2014. Every blind person aspires to live a life of independence, a life of freedom and free will, a life free from intrusion, physical and psychological. Some patented inventions have attempted to enhance this very independence, and I will, in my upcoming posts, endeavor to take an unbiased look at some of them. In 1991, Hsieh Chi-Sheng filed a patent for an electronic talking stick for the blind. Before we get into details, one must understand…

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The image depicts a sign "Restricted -18 years and above"

A Peek into the Central Board for Film Certification

This post was first published on 2nd September, 2014.   What is the Central Board of Film Certification (CBFC)? The Central Board of Film Certification (CBFC) is a statutory body under the Ministry of Information and Broadcasting, regulating public exhibition of films under the provisions of the Cinematograph Act, 1952. Films can be publicly exhibited in India only after they have been certified by the CBFC. What is its constitution? The Board consists of non-official members and a Chairman (all of whom…

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This image depicts a person wearing a black glass. This image is relevant as the post is about Wearable navigation assistance for the vision-impaired. Click on the image for more information

Sense your Surroundings – Patents for the Blind 5

This post was first published on 15th September, 2014.   In my earlier posts (Post1, Post2, Post3, Post4), we discussed the mobility of a visually disabled person that is directly proportional to his awareness of the environment. The more he knows about his surroundings, the easier it gets for him to move around. An issue in achieving this, is the extent of the person's sensory involvement. Most blind people use auditory signals to understand the state of the environment and a navigation device is…

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Patent Claims x

Salient Features of the US Patent Reform Act 2011

This post was first published on 15th September, 2011. The patent reform bill is now awaiting approval from the President to become the law of the land.  The bill proposes many changes to the existing US Patent Act.   Below listed are few important provisions included in the bill: First-Inventor-To-File: US patent system will now operate on first-inventor-to-file instead of its earlier operation system which was first-to-invent. The first-inventor-to file system provides certainty with respect to the invention date thereby…

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This Image depicts the Logo of 'Fox News'. This Image is relevant as the article deals with the Fair Use of Copyrighted Material. Click on this Image for more Information.

Clips of Copyrighted Material Constitute FAIR USE!

This post was first published on 19th September, 2014.   In a recent copyright dispute, a New York Court recently held that a database providing for television clips and snippets of transcript constitute fair use, protecting it from allegations of copyright infringement. TVEyes is a company that monitors and records all contents broadcast by more than 1,400 television and radio stations and transforms this content into a searchable database for its subscribers. TVEyes allows its subscribers to use search terms and obtain transcripts and video…

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