Disney has always been extremely protective of its intellectual property. The company has been aggressively pursuing infringers who have tried to use its IP assets without authorization.
The number of suit against these infringers has increased in the recent times, with the expansion of its IP portfolio due to its acquisition of Marvel Entertainment. There have been several instances of infringement concerning Disney films, such as 'Frozen', 'Star Wars' and the Marvel movies, which it pursued aggressively.
Last week, Disney…
In our previous post, we featured a superhero ‘Kat’ fondly known in the IP world as “The IPKat”. In this post we would like to introduce you to a watchdog. Beware! It’s no ordinary watchdog, it’s one among the best there is, in fact it is one of its kind in the world of IP. The blog we are talking of today is IPWatchdog.
IPWatchdog was launched in the year 1999, and since then has become a trusted resource on intellectual…
The Ministry of Commerce and Industry, Department of Industrial Policy and Promotion ("DIPP") issued a notification on October 26, 2015 publishing the draft Patents (Amendment) Rules, 2015 ("Draft Rules") seeking to further amend the Patent Rules, 2003 ("Patent Rules").
The notification dated 26 October 2015, published on IP India invited comments on Draft Patent (Amendment) Rules, 2015. We have submitted our recommendations and suggestions to the Ministry and are awaiting to see positive changes in the proposed rules.
In our…
First things first, the previous month was a rather crazy one for us at BananaIP. In a span of 20 days we featured 84 posts, all of which were extremely well received. On this note, I would like to take the opportunity to thank all our readers for making the Blogathon a raging success. We also thank the readers for their continued support which encourages us to continuously strive towards excellence.
The primary objective of BananaIP has been to bring…
(Trapped in a struggle she didn’t understand; By day a filmmaker....by night she fought for fair use!)
Could you ever imagine there being a graphic novel on Fair Use? Surprise, surprise! Some law scholars actually thought it to be a feasible idea and created this unusual piece of work. James Boyle, Jennifer Jenkins and Keith Aoki, from the Duke Centre for the Study of the Public Domain, being passionate copyright enthusiasts as well as keen artists published a graphic novel…
This post lucidly explains the different types of application which can be filed before Indian Patent Office.
Provisional Application
Non Provisional Application/Complete Application
Conventional Application
PCT- International Application
PCT-National Application
Application for Patent of Addition
Divisional Application
Provisional Application is a non-final, preliminary application which is filed before the patent office to claim priority. This application is usually filed when an invention requires additional time to improve upon. This is beneficial because the…
“If I file a patent, will I have a global protection?” – This is a question that all patent attorneys are asked too very often. The answer is a pretty simple ‘NO’. The next question that is asked is “How do I protect my invention in more than one country?” The answer to this will be discussed in this post.
As a first lesson, the applicant must know that there are three different types of applications:
Ordinary…
With the increase in the number of sexual abuse and rape cases over the years, women and men have devised creative ways of protecting themselves against these heinous crimes. From innovative clothes to inventive devices, several patents have been filed to fend off, and also, teach a lesson to rapists. We list a few patents here.
Condom to stop rapists in their tracks- WO 2013142882
This is really a unique invention. It not only helps in preventing rape, but also…
Patent prosecution is an iterative process and it is during this process that the applicant often changes the language of their proposed claims. The doctrine of prosecution history estoppel, formerly known as file wrapper estoppel has been defined as an equitable tool for determining the scope of patent claims. This occurs when an inventor amends the patent application by narrowing the claims during the course of patent prosecution to overcome a rejection. It has received a great deal of attention…
Discovering ideas in a company is an important, but a very difficult task to accomplish. Three basic factors, among others, make the process of discovery very complex and arduous.
They are:
Internal biases;
External environment; and
knowledge and process issues.
R & D and engineering divisions of many companies in India have an inherent bias against IP protection, and often take up IP activities only due to pressure from the senior management, and not because they believe…