Intellectual Property Archives

Claiming with a Purpose, with the Blessings of the Inventor

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…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 726Views 0Like

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Something More About Swiss Type Claims

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…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 907Views 0Like

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Swiss Claims are History!

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…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1553Views 0Like

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Using Open Source Software in Business

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…

November 26, 2018 BananaIP Reporter Copyrights, Intellectual Property, Open Source Licensing 0Comment 1476Views 0Like

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Story of an Unchallenged Patent: Certainly Uncertain

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…

November 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 696Views 0Like

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The featured image shows a bunch of black pencils with the word Design written in the background in black and bold letters. The post is regarding designs. To know more click here.

Designing Around Designs

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,…

November 26, 2018 BananaIP Reporter Industrial Designs, Intellectual Property 0Comment 1036Views 0Like

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How Can We Encourage Inventors to Invent?

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.…

November 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1372Views 0Like

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The image depicts a sign of 'at your own risk' in a yellow diamond.

Model to Combat Patent Risks in Open Source Software

This post was first published on May 10, 2010. Professors at University of California Berkeley are proposing a defensive licensing scheme to fight patent risks in development and use of open source software. In one of my earlier posts, I wrote about the risk of patent infringement with respect to use of open source software and steps to mitigate the same. The model being proposed by Professor Jason Schultz and Professor Jennifer Urban may play an important role in minimizing patent…

November 26, 2018 BananaIP Reporter Intellectual Property, Open Source Licensing, Patents 0Comment 923Views 0Like

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Rejection of Application Based on Pre-Grant Representation May Be Appealed to IPAB

First Publication Date: 10th February 2010 In a decision delivered on February 8th, 2010, the Delhi High Court held that an applicant aggrieved by the rejection of his application by the Controller based on a pre-grant representation may file an appeal to the Intellectual Property Appellate Board (IPAB). The court delivered the decision after consolidating writ petitions filed by UCB FARCHIM, COLORCON, YEDA RESEARCH & DEVELOPMENT and ELI LILLY. As per the Court, a rejection by the Controller based on…

November 11, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 752Views 0Like

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What Should I do With My Invention Before I Talk to Venture Capitalists?

First Publication Date: 9th February 2010 Every now and then I come across this question, and most often it’s asked by individual inventors and start-ups. In most cases, when you invent something, the next logical step would be to raise funds and build a business around it. To raise funds you will have to disclose the idea/invention to several VCs, preferable after signing a non disclosure agreement (NDA). A NDA, in brief, is a legal instrument that binds the parties entering…