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…
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…
“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…
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,…
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,…
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…
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…
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…
“Indian patent statistics, Interesting Inventions, Patent Agent Examination 2018, President Kovind says patent applications by Indian start-ups rising in India, Groupon to pay IBM $57 million, USITC to investigate Resmed for alleged patent infringement, USITC to investigate Resmed for alleged patent infringement, EPO and CNIPA sign Bilateral Co-operation Plan, WIPO Assemblies Close amidst Treaty Accessions, Guidance on Future Work and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Patent quote…