We all know one can never enjoy something that one does not have. It is literally true in case of patents. Patent rights are territorial in nature and can only be enjoyed in countries where one has filed an application for patent protection. The most common question that floods any patent applicants mind is whether they should file for patent protection outside the native country. If the answer is yes, how should they do it and where should they do…
This presentation was delivered by Dr. Kalyan C. Kankanala at NLSIU, India, as a part of the Patent law course offered for PGDIP students. The presentation covers:
Types of Arguments - Ignorance, Denial, Balancing and Advantage;
Class exercise on argumentation;
Patent Philosophy;
Patent Life Cycle;
Patent incentives - invent, invest, disclose, design around;
Patent Domain V. Public Domain;
Rationale for Patent Protection - Social, Economic, Utilitarian and Tragedy of Commons;
Progress of…
The stated objective of patent law is to promote the progress of science and technology for industrial/economic progress and public benefit. It seeks to achieve this objective by granting exclusive rights over inventions to inventors for a limited period of time, on expiry of which the inventions enter the public domain. It is believed that the grant of exclusive rights generate incentives to invent, invest, disclose and design around, which in turn promote the progress of science and technology by…
This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one aspect of the order that seems to contradict the Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate…
“To invent you need a good imagination and a pile of junk “– This is how Thomas Edison received a patent for the Kinetographic camera, a device for viewing moving pictures without sound. Edison patented this invention on August 1891. The camera was a giant step forward from the kinetoscope, which was not regarded as a significant invention by Thomas Edison. Kinetoscope comes from the Greek words “Kineto” meaning “movement” and “scopos” meaning “to watch”.
The camera was based on…
How would you like to have Breakfast here in India, Lunch in America and be back home for dinner in India, all of it, being done on the same day!! Sounds unbelievable? Well, believe it! Patents seem to be flying out of the USPTO faster than the speed of sound! On July 14, 2015 a patent [US 9,079,661]was awarded to Airbus, also known as the European Aeronautic Defence and Space Company for an invention titled "Ultra-Rapid Air Vehicle and Related…
This presentation has been made by Nitin Nair. The presentation primarily deals with the importance of intellectual property protection in the hospital management sector. Besides stressing on the importance of protection, the presenter also elucidates the requirements of a successful patent grant, what is patentable subject matter and what are the necessary steps to be taken with respect to safeguarding inventions in the hospital and hospital management sector.
The presentation begins with Section 3(k) of the Patents Act, 1970 (“Patents…
On 9th July, 2015, The Hindu reported that Indian Institute of Science (IISc) has made its way into the top five research and academic institutions in BRICS countries. The report mentions that IISc tops the list in terms of the number of research publications from an academic institution. It is noteworthy that seven institutions from China figure in the list. Team SiNApSE has earlier tracked news stories of IISc's intellectual property progress, and we felt that this would be a…
Walking out and looking at yourself is not very easy, but it must be done to understand what is going on with you. That will also give an insight into how people are perceiving you. It seems that India has not been very successful in looking at itself as a third party, and understanding how other countries are perceiving it. Maybe, someone did that and was happy with the impression the country is making.
This post is a response to…
Creativity forms the foundation of intellectual property and intellectual property law. The latter has no existence in the absence of the former. We, Intellectual Property (IP)/Patent attorneys, earn our bread and butter from creators and inventors. One of the joys of being an intellectual property attorney is the opportunity to work with geniuses. While the opportunity leaves one happy and contented on most days, IP attorneys once in a while come across personalities, very difficult to handle.
Many a time,…