Patent Archives | Page 14 of 18

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 932Views 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 1582Views 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 961Views 0Like

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Patentability requirements – A Presentation by Dr. Kalyan C. Kankanala at NLS – Bangalore

November 24, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 749Views 0Like

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Interesting Patents, IIT-M to host Tech summit, Cannabis Patent, Qualcomm forced to license its patents, Canada becomes party to Hague Agreement, USPTO’s new Sponsorship Tool and more

“Indian patent statistics, Interesting inventions, IIT Madras to host Shaastra Summit, Qualcomm forced to license its patents to rivals, USPTO’s new Sponsorship Tool to give other members access to the Patent Electronic System, USPTO grants a patent to a composition containing Cannabis and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week "Design is the silent ambassador of your brand.” – Paul Rand, American…

November 12, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 963Views 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 834Views 0Like

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Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Is a Method of Massaging Patentable subject matter?

First Publication Date: 12th January 2010 This post is in furtherance of a question posed by one of my students at NLSIU. The question was - "Can a method of massaging be patentable in India?". He apparently saw a massage centre stating that they have patented their massage methods. In my opinion, a process of performing a massage that is not related to treatment of a disease or disorder is patentable in India provided it satisfies the industrial applicability,…

November 4, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2003Views 0Like

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Apache License, Version 2.0

First Publication Date: 10th November 2008 The Apache License applies to all software contributed by Apache or any other person under the license. Copyright and Patent License The license grants both copyright and patent rights over any software distributed under the license the licensee (any person receiving or using a software under the license.). The license grants the following rights under the copyright law: Right to reproduce the software; Right to modify the software; Right to publicly display; Right to…

October 21, 2018 BananaIP Reporter Copyrights, Intellectual Property, Open Source Licensing, Patents 0Comment 1239Views 0Like

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Rotec Indus. v. Mitsubishi Gajarsa Corp., 215 F.3d 1246 (Fed. Cir. 2000)

First Publication Date: 30th August 2008 Case History Rotec is an assignee of the 291 patent and sells a system disclosed by the that patent under the name power belt. On AUGUST 9, 1995 the People's Republic of China solicited bid proposals for five units of a concrete placing system to be used in the Three Gorges Dam project on the Yangtze river. Mitsubishi corp and Mitsubishi International collectively called ME, a French corp. Potain, Johnson who was working on a design of…

October 20, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 919Views 0Like

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The featured image show a pump jack used to mechanically lift liquid out of the well. The post is about Rosaire v. Baroid Sales

Rosaire v. Baroid Sales, 218 F.2d 72 (1955)

First Publication date: 26th July 2008 Issue Does the earlier experiment by Gulf Corp. invalidate the patents of Rosaire as the inventions were known or used? Holding Yes, as the earlier experiments constituted prior knowledge and use according to Sec 102 (a), they invalidated the patents. Rule 102 (a) Facts Rosaire and Horvitz patents relate to the methods of prospecting for oil or other hydrocarbons. The methods claimed involve the steps of taking a number of samples of…