This post was first published on February 25, 2010.
On reading Siddharth’s post on the 19th February decision (G02/08) from the Enlarged Board of Appeal regarding the Swiss type claims, I got motivated to write something about the Swiss type claims and the reason for its birth and death.
Like in India, Method of Treatment and Method of diagnosis (in vivo) has always been non patentable subject matter in Europe (Article 52(4)). Furthermore, before the concept of Absolute Novelty was introduced by…
This post was first published on March 1, 2010.
Claims draw the boundary to the invention that is being claimed. The boundary that is being drawn must be carefully done in order to ensure that the claims serve their purpose. The point here is that every claim must have a specific purpose and must be targeted to a potentially infringing product or process, or be targeted to protect a specific implementation (in case of defensive approach). In order for the practitioner…
This post was first published on March 16, 2010.
The interface between the right to know and limited monopoly over creative expressions to the authentic owner represent conflicts of interests. Proprietorial concerns on one hand and the social interests on the other need to be reconciled in almost every area where individual rights conflict with social concerns. If the copyright is considered as an extension of the right of speech and expression, it contradicts another fundamental right, i.e., right to…
This post was first published on March 16, 2010.
Contributed by Prof . Madabhushi Sridhar
The print media comprises of newspapers, books both fiction and non-fiction. The copyright law regulating rights over economic benefits of ‘owners’ of electronic media are totally different in its impact compared to that of authors in print media. Electronic media refers to TV, radio, music album publishers, Internet, or online publishers, compute programme writing industry, etc. In electronic media, the investments are high, production process…
This post was first published on March 12, 2010.
Contributed by Professor Sridhar Madabhushi
The newspaper you read this morning, the TV channel you watched this evening, the movie you saw last week, the computer software you use to write a letter, the music you listen to in your system, they are all copyrighted. There is a paradigm shift from viewing copyright as a monopoly that the public is willing to tolerate in order to encourage innovation and creation of news works…
"Its only words, and words are all I have ..." Barry, Robin & Maurice Gibb of Bee Gees gave us words that fluently roll off many tongues. Words are all writers have to express their love of words. They knit words to form creative expressions. It is these expressions on tangible media copyright law protects.
Any expression on a tangible medium, which is original and creative is protectable as a copyright, and the first owner of this copyright is the writer.…
This post was first published on February 7, 2010.
In one of my earlier posts entitled, 'Why do inventors invent?', I provided the results of a study on inventor incentives carried out by us. It can be noted from the results that a very small percentage of the inventors expressed that financial incentives encourage them to invent. The learning from the study is that an incentive mechanism must include incentives other than financial in order to encourage inventors to invent.…
This post was first published on February 14, 2010.
In furtherance of our posts with respect to patent infringement analysis, I would like to hereby write a note on analysis of design infringement and steps to be taken for designing around designs. Design infringement analysis and strategy for designing around registered designs assumes importance in the light of an increase in design protection in fashion, furniture, toys and other industries. While it is important for a designer to protect his designs,…
This post was first published on February 16, 2010.
Enabling designing around existing patents to promote progress of Science and technology forms a small but a non trivial part of the rationale behind existence of the patent system.
To be able to safely design around patents it is critical to be able to understand the scope of protection rendered to that patent. The best place to start is the claims of patent since it determines the metes and bounds of the patented…
This post was first published on February 19, 2010.
Open Source Software (OSS) has certain advantages when compared to proprietary software. It comes with the following benefits:
a. The software may be downloaded for free;
b. Source code of the software is available, which enables improvement and customization;
c. The software generally has a community and the development is faster;
d. Support and implementation services are available from multiple sources; and so on.
As OSS always comes with a license, the…