Intellectual Property Archives | Page 36 of 55

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 1118Views 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 1533Views 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 1071Views 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 830Views 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…

November 10, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 944Views 0Like

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The featured image shows many strips of tablets and a thermometer on a grey background. The post is regarding the trademark dispute between Cadila health care and Sun Pharma . To know more please click here.

Pharmaceutical Business Strategy – A Brand Name Perspective

First Publication Date: 9th February 2010. In furtherance to Vikram’s post on Paragraph IV certification and its exploitation by generic pharmaceutical companies (ANDA applicant) to enter the market sooner, here is an insight on the NDA holders’ attempt to exploit the same. Every ANDA application filed by a generic company has to be in a prescribed format and must contain the prescribed content as per 21CFR sec. 314.94 (Contents and Format of an Abbreviated application). Each of these applications…

November 9, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 911Views 0Like

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Pharmaceutical Business Strategy – A Generics Perspective

First Publication Date: 29th January 2010 One of strategies prevalent in the pharmaceutical sector is to invest in research through which new chemical entities and new products can be invented which will help to challenge the existing patents successfully. However, with the amount of money involved in this kind of strategy, a lot of other strategies have emerged by which pharmaceutical companies mainly generics do business, one of which are challenges of patents under Para IV of the Hatch…

November 9, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1055Views 0Like

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Assessing Patent Risks in India

First Publication Date: 27th January 2010. This post is in furtherance of Kartik's post titled "Patent infringement analysis or FTO analysis in India - Challenges" relating to performing patent infringement and FTO analysis in India. Through this post, I wish to explain the basic steps for assessing patent risks. Patent activity has been growing in India at a steady rate. Increase in patent filings/grants and litigation indicates the growing interest of corporates to protect and enforce patents. Under such circumstances,…

November 7, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 902Views 0Like

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Patent Infringement Analysis or FTO Analysis in India – Challenges

First Publication Date: 27th January 2010. Patent infringement analysis is one of the key studies that may be carried out under various scenarios. Some of them being: Proactively ensuring that they don’t violate third party IP, by carrying out this study at product development stage When sued by a competitor on the grounds of infringement of their patent rights Patent holders constantly monitor competitors’ products to check whether competitors’ products are infringing their patent, and take necessary actions to…

November 7, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1579Views 0Like

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Temporary Injunction Cases

First Publication Date: 15th January 2010 M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI), Apollo Hospitals, Apollo Hospitals Enterprise Limited and Cancer Institute (W.I.A.), (Regional Cancer Centre) The Appellant, Jayasingh, acquired a patent over a Prosthesis made of Titanium alloy, which is used in bone salvage surgery. On learning that the Respondents were making, selling, distributing and using Prosthesis that was covered by his patent, Jayasingh filed an infringement suit against the Respondents and prayed for an injunction during the pendency…

November 6, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1390Views 0Like

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Celebrating 20 Years of IP Excellence

Designing Around Designs

How Can We Encourage Inventors to Invent?

Model to Combat Patent Risks in Open Source Software

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

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

Pharmaceutical Business Strategy – A Brand Name Perspective

Pharmaceutical Business Strategy – A Generics Perspective

Assessing Patent Risks in India

Patent Infringement Analysis or FTO Analysis in India – Challenges

Temporary Injunction Cases

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