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Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

First Publication Date: 15th December 2009. This case can be considered to be the most important case in inventive step jurisprudence in India. Though the case was decided in 1978, the principles laid down in the case are followed even today and have been codified in the Indian Patent Act. The patent in the case related to a means for holding utensils for turning purposes . According to a preferred feature of the invention disclosed in the patent, the pressure end of…

BananaIP Reporter Intellectual Property, Patents October 26, 2018 8462Views 0Like

Bajaj-TVS Litigation

First Publication Date: 14th December 2009 The litigation between Bajaj and TVS, which was very widely reported in the news showed the value of patents for gaining business advantage. The case briefs with respect to the litigation between the parties have been provided hereunder for the reader’s benefit. The cases relate to grant of injunction by the Court. Bajaj Auto Vs. TVS Motor Company Bajaj Auto Ltd. ("Bajaj") acquired a patent with regard to an invention relating to…

BananaIP Reporter Intellectual Property, Patents October 26, 2018 1408Views 0Like

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Ex-parte Injunction Vacated Due to Lack of Prima-Facie Case of Infringement

First Publication Date: 9th December 2009. Asian Electronics Ltd v/s Jumbo Electric Company (Delhi High Court, 12th November, 2009) Facts of the case: Asian Electronics (hereinafter referred to as the plaintiff) is the holder of an Indian patent 193488, which talks about a kit for converting a fluorescent lighting fixture from inductive operation to electronic operation. The corresponding US patent can be seen here. The plaintiff stated that Jumbo Electric Company (hereinafter referred to as the defendant) was manufacturing and selling the identical…

BananaIP Reporter Intellectual Property, Patents October 26, 2018 1062Views 0Like

The image depicts the cover of the presentation with title of Concepts related to Patentability by Somashekar Ramakrishna

Patentability of New Form, Use or Property – Section 3(d)

First Publication Date: 11th December 2009 Section 3(d) of the Patents Act provides that mere Discovery of a new form or new use or new property of a known substance is not patentable. The discovery of a new form of a known substance will be patentable only if it results in the enhancement of the known efficacy of that substance. Salts, esters, ethers, polymorphs, metabolites, pure forms, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of…

BananaIP Reporter Intellectual Property, Patents October 26, 2018 2097Views 0Like

No Copyright in Mechanical Compiled database, ‘Suspiria’ Copyright Suit settled, Tracy Chapman Sues Nicki Minaj, Comments on Digital Copyright System, CD Baby Partners with Cosynd and more

Tamil Film Anti-Piracy Cell Suspends Piracy Platforms, Delhi HC: No Copyright in Mechanical Compilation of Customer Database, Artist’s Estate and Amazon Studios Settle ‘Suspiria’ Copyright Suit, Tracy Chapman Sues Nicki Minaj for Copyright Infringement, Songwriter Awarded $44 Million for Being Uncredited on Usher’s Album, US Copyright Office Seeks Comments on Digital Copyright System, CD Baby Partners with Cosynd to Streamline Copyright Registration, Facebook Expands Music Features and Lip Sync Live. COPYRIGHT QUOTE OF THE WEEK “Moral rights form the essence of…

BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law October 26, 2018 1197Views 0Like

Who Must Pay for Appointment of Scientific Advisors? Vittal Mallya Scientific Research Foundation Vs. Indfrag Limited

First Publication Date: 9th December 2009 The case related to infringement of a patent relating to a process concerning the double metal salt of HCA. During the pendency of the suit, the court ordered for the analysis of the processes of the product called Double Metal Salt of Hydroxycitric Acid of the parties in the case by the Department of Chemistry of IIT, Madras. The objective of the analysis was to check if the alleged infringer’s process was different from that…

BananaIP Reporter Intellectual Property, Patents October 25, 2018 875Views 0Like

The image depicts a man pointing with the words 'I want you to open source' written at the bottom as the post is about open source software

Enforcement Action Against Palm for Violation of Terms of Open Source License

First Publication Date: 7th December 2009. Today, Open Source Software (OSS) is being widely used in business as high quality software is being developed by open source communities. Most proprietary softwares have their OSS counterparts, which provide similar or better features. As integration of open source softwares into business is increasing, companies have evolved various business models for commercially gaining from OSS. One of such models is the dual licensing model. Under a dual licensing model, a company makes a…

BananaIP Reporter Copyrights, Intellectual Property, Open Source Licensing October 25, 2018 943Views 0Like

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Department of IT to Support SMEs in International Patent Protection

First Publication Date: 8th December 2009 Department of Information Technology, MCIT has introduced a scheme, known as SIP-EIT (Support International Patent Protection in Electronics and IT),in order to provide financial support to Small and Medium Enterprises /Technology Start-Up companies for international patent filing in the area of information technology and electronics. International patent filing includes the PCT(Patent Cooperation Treaty) route or direct filing of the application in any country. However, the applicant has to justify his reasons for choosing a particular…

BananaIP Reporter Intellectual Property, IP for Start Ups October 25, 2018 930Views 0Like

The images depicts the earth from the space with the bottom glowing, as if on fire, as the post is about whether the use of inventions in movies violates patents

Can use of an invention in a movie infringe a patent?

First Publication Date: 3rd December 2009 Global Findability has filed a patent infringement suit in a District Court of Columbia against Summit Entertainment claiming that the Science Fiction movie of Summit violates its US patent relating to Integrated information processing system for geospatial media. According to Global Findability, Summit's use of its patented technology in the movie, Knowing, amounts to patent infringement. Would such an use be infringement in India? Section 48 of the Indian Patents Act provides that a patent holder…

BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Patents October 25, 2018 1305Views 0Like

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Patent and Public Domain Balance 2 – Patentability Requirements

First Publication Date: 8th December 2009. An invention will be eligible to get a patent only if it satisfies the patentability requirements, which are patentable subject matter, industrial applicability/utility, novelty, non-obviousness/inventive step and specification. The government uses the patentability requirements to verify the worthiness of an invention for patent grant. The patentability requirements are like filters arranged in succession as shown in the figure below. Figure - Kalyan's Patent Filter Model A patent will be granted over an invention only if it passes…

BananaIP Reporter Intellectual Property, Patents October 25, 2018 1409Views 0Like

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