First Publication Date: 27th May 2010
I noticed this Godrej Tribolt lock (which can be seen below)
carrying prominent notices about the Intellectual Property related to it (seen below)
The above notice is an example of a good patent notice, in that it complies with S.111(1) of the Indian Patent Act, 1970, which reads as
In a suit for infringement of a patent, damages or an account of profits shall not be granted against the defendant who proves that at the date of the…
First Publication Date: 7th June 2010
Most of us fly frequently. But, we might not have paid attention to the most vital piece of safety equipment for a passenger; the seat belt. If you flip the receptacle portion of the belt, you will see a notice which states "Patent 5088160".
The referred patent is assigned to Am-safe, Inc and was filed on February 5, 1990 (and has subsequently expired on February 5, 2010).
The two independent claims are as follows:
Claim 1: A webbing…
Writings expressed on tangible forms are copyrightable only if they are original and creative. The thresholds are low, but they still have to be satisfied.
Originality
Originality checks whether a writing has been independently created. The question is not about similarity of works, it is about independence of expression. As long as a writer has independently written her work, it will not matter if the work is similar or identical to another work.
Example: If X writes a poem, and it is…
First Publication Date: 27th May 2010.
After reading today’s article titled “Patent-run for synthetic life form could be ‘damaging’, says Brit scientist” I thought I was having a Déjà vu. Looks like, once again, history repeats itself. Have you ever wondered as to why every time there is substantial progress in the field of Synthetic biology, we get mixed reactions? We are happy about the progress but when it comes to rewarding a patent to the inventors for the progress,…
Indian Trademark Statistics for November (Fourth Week) 2018, Discovery Brand Now in India, LG Electronics Files Trademarks for Foldable Phones, Aaj Tak Wins a Trademark Battle, Surname Trademark Infringement, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Every advertisement should be thought of as a contribution to the complex symbol whichis the brand image”– Walter Landor
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office have had a mixed week with respect to…
Copyright protects original, creative expressions on a tangible form. All three requirements, originality, creativity, and expression on a tangible form have low thresholds, and are easily satisfied by almost, all writings. As long as the writer's work is independently created, not copied; it has minimal creativity, a pinch at least; and the writing is on a tangible form such as paper, electronic medium, etc., copyright protection automatically begins. Expression is what matters for copyright protection, and impression is irrelevant.
Ideas and…
This post was first published on April 4, 2010.
This is in furtherance of Mrs. Vinita Radhakrishnan's post regarding the US District Court decision on BRCA gene patents.
Under the US Patent Law, anything that exists in nature is not patentable subject matter. This is also referred to as 'Product of Nature Doctrine'. The test for determining whether something exists in nature or not as laid down in Chakrabarty's case is whether a hand of man is involved in creating…
This post was first published on March 26, 2010.
An Intellectual Property (IP) Policy setting out the IP goals of a company in the light of its business goals plays a very important role in enabling the company to acquire competitive advantage from its IP. The IP Policy must lay down the framework in light of the company's IP strategy. Most IP policies cover aspects such as generation, protection, ownership, utilization, management, and commercialization of IP. They also include…
This post was first published on April 1, 2010.
I’m still in denial of the summary judgment ruling provided by Judge Robert W. Sweet of United States District Court for the Southern District of New York in Association for Molecular Pathology v. USPTO on March 29th 2010. Looks like all that I read, understood and was convinced that gene patents demands a revisit. The 156 pages summary judgment that was issued on this Monday has for sure taken me by surprise.…
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…