Intellectual Property Archives | Page 11 of 55

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

Part I: Descriptive Marks – Can They be Protected?

This post was published on September 01, 2014. In India, a Trade Mark means a mark capable of being represented graphically and capable of distinguishing goods or services of one person from those of others. These are the basic requirements for a mark to be eligible for Trade Mark protection laid down under Section 2(1)(zb) of the Trade Marks Act, 1999. Apart from these qualifications, a mark should also not fall under the category of the marks mentioned under Section…

August 15, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1026Views 0Like

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Patent Invalidation in the US: The Good, the Bad and the Ugly

This post was first published on July 18, 2014. After studying citations from patents that were invalidated by US Judges, researchers from the London School of Economics commented, "Patent invalidation has a significant impact on cumulative innovation in the fields of computers and communications, electronics and medical instruments (including biotechnology). We find no such effect in fields involving drugs, chemicals or mechanical technologies." Let us now take a look at why this discrepancy exists. What is patent invalidation?…

August 8, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1293Views 0Like

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Claim Drafting – Transitional Phrases

This post was first published on July 17, 2014. A transitional phrase is a part of the claim that connects the preamble and the body. The Transitional phrase determines as to whether a claim is “Open” “Partially Open” or “Closed.” Open Claim An Open claim includes additional unrecited elements i.e., if a claim, which is Open, recites elements A, B, C and D, then an article which includes elements A, B, C, D and E…

August 7, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 3643Views 0Like

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Shouldn’t a Request for Prioritized Examination be Given Priority?

This post was published on September 17, 2014. All applicants have a desire that their patent applications get prosecuted faster and their patents get a grant on priority, however, such desires are seldom fulfilled. Blame it on the backlog, if you will, and several other reasons for the delay, but patent applicants have to wait more than 3 years to get their patents granted. Empathizing with the concerns of the applicant, several patent offices have devised procedures to expedite…

August 7, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 897Views 0Like

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Post-dating Patent Applications: Frisk it Before You Risk it!

This post was published on August 08, 2014. Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today's post, however, unravels the puzzling question of how to claim priority even from a post-dated application! We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches,…

August 6, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1352Views 0Like

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Patent Claim Drafting – Preamble

This post was first published on July 16, 2014. It would have been very well drummed into a patent professional, Mr. X, who has just started drafting a patent specification that “claims form the heart of a patent application,” or the “name of the game is claim,” and so on. Very few might agree with me if Mr. X has been told to carefully consider the words and/or features and/or the language used in the preamble, as…

August 6, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 2208Views 0Like

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Court Limits the Scope of ‘Fair Dealing’ under Copyright law

This post was published on November 18, 2011. The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions…

August 6, 2019 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 831Views 0Like

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Sound Sign Posts – Patents for the Blind 2

This post was published on August 25, 2014. Last week we discussed the talking walking stick innovation. Today, I am here with another patent, brought to my attention by the reliable, Naveen. Banking on certain patents to navigate your way through the world, is not an uncommon feature in knowledge driven industries and I embark on a mission to learn a few tricks. This patent, filed in 2008, by Universidade Do Porto, Portugal, seems to be an outcome of Academic Research. The Guidance, navigation and…

August 5, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 941Views 0Like

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Salient Features of Patent (Amendment) Rules, 2011

This post was first published on March 15, 2011. The draft Patent (Amendment) Rules, 2011 have been notified for publication in the Gazette of India. Any objections or suggestions may be sent by email to chandni[dot]raina[at]nic[dot]in within 45 days from the date on which the official gazette, containing the notification, is made available to the public. This amendment rules have made it easier for patent applicants and practitioner by providing for online filing of documents. Following are the salient features of the…

August 5, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1769Views 0Like

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This image depicts the technological advancement that is 'stem cell regeneration'. It depicts the harvesting of stem cells in a perti dish and their development into a human organ. But is this miracle patentable? Click on the image to read the full post.

Patent: Stem Cell Patent Debate Never Dies

This post was published on May 2, 2011. The debate with respect to genetic and stem cell patents is alive with the European Court of Justice's (ECJ) preliminary opinion in March. According to the opinion, embryonic stem cells are not patentable because the use of totipotent stem cells amounts to the use of human embryos for industrial or commercial purposes. Since totipotent stem cells can develop into a human being and are derived from an embryo, they can be considered to…