Intellectual Property Archives

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Patent and Public Domain Balance – 1

First Publication Date: 1st December 2009 Patent Law is believed to promote the progress of science and technology by providing exclusive rights to inventors for a limited period of time. It operates on the principle of 'Quid Pro Quo' or 'Give and take'. An inventor gives an invention to the public and takes exclusive rights over it for a limited period of time.The grant of exclusive rights is believed to provide incentives to invent, invest, design around and disclose. Possibilities of…

October 25, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1188Views 0Like

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Is the President of Senegal Entitled to Royalties?

First Publication Date: 18th November 2009 A statue named “African Renaissance” is being made in Senegal which will be taller than the Statue of Liberty in New York and larger than the Eiffel Tower of Paris. This statue is being made with an understanding that the same will give a boost to the tourism and will generate income which can be used for the welfare of the country. However, ever before the completion of this “Artistic work”, the same has come…

October 24, 2018 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 800Views 0Like

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Intellectual Property for Start Ups and Entrepreneurs

First Publication Date: 25th November 2009 Intellectual Property protection provides business and competitive advantage to a company. While IP is important for all companies, its value for A Start Up Company, especially, a technology or knowledge based company, is very high. In addition to providing business and competitive advantage, IP can play a very important role in enabling a Start Up company to build business relationships, raise funds, face cut throat competition and so on. In the light of…

October 24, 2018 BananaIP Reporter Intellectual Property, IP for Start Ups 0Comment 673Views 0Like

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Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

First Publication Date: 9th November 2009 In my earlier post I had discussed about the prosecution and litigation and the effects of prosecution on the outcome of litigation. Friends, here is a case where the Delhi High Court has allowed a Patent holder to amend his claim (or, should I say extending the scope of claim) after a suit for infringement has been filed. An Indian Patent (no. 190380) has been granted to AGC flat glass (formerly, known as Glaverbel). AGC files a…

October 24, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1422Views 0Like

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Case Review: Garaware v. Techfeb

First Publication Date: 19th November 2009 In my previous post I had analyzed the claim of the patent that is alleged to have been infringed. In this post, I will follow it up by analyzing the complete specification, and commenting on the manner in which the patent specification is drafted and positioned for examination. I have uploaded the patent specification for those of you who want to give it a read: IN195352 - Garware - Garaware vs Techfab The invention…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 723Views 0Like

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Garaware Vs Techfeb

First Publication Date: 7th November 2009 An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent. The details of the case can be found if you have access to Manupatra, or just…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 782Views 0Like

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Life of a Gene in India

First Publication Date: 3rd November 2009 Last weekend, at a training session in Hyderabad, I was once again confronted by the ever sizzling issue of Indian Patent Office's stand with regard to patenting of Gene Sequences. The outcome of that heated argument is this post of mine. Prior to signing the TRIPS, any invention even remotely linked with living organism (including micro organisms) was not patentable subject matter in India. Article 27 (3) of TRIPS required its signatory to allow patents for…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1039Views 0Like

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Claims! A Legal Fence and Public Notice

First Publication Date: 1st November 2009 The government in the guise of the patent office is guided by the Patent Act and rules of the respective country to confer the necessary rights to the inventor(s) for his/her invention. The extent of the rights is determined by the scope of the claims in a patent application which the inventor(s) files with the patent office. The two broad factors that largely tend to affect the scope of the claims are: 1) The prosecution history of…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 760Views 0Like

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To Publish or Not: Well, it Depends!

First Publication Date: 5th November 2009. In US, it is possible to block publication until grant of a patent application provided certain conditions are met. According to § 1.213 of MPEP, if the invention disclosed in an application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the application will not be published, provided: (1) A request (non-publication…

October 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 839Views 0Like

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Guidelines for Writing an Abstract from the Indian Patent Office

First Publication Date: 1st November 2009 According to Section 10(4)(d) of The Indian Patent Act, every complete specification shall include an abstract section to provide technical information on the invention. According to Rule 13(7) of The Patent Rules, the abstract section shall begin with the title of the invention. The abstract shall also indicate the technical field of the invention, the technical problem the invention solved by the invention, how the invention solves the mentioned problem and the use(s) of…