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Can there be a Patent for a Method of Patent Trolling?

This post was first published on 11th October, 2014. How about committing the crime of killing all the criminals so as to prevent crime? Sounds outrageous, doesn't it? Well, then how about patenting the patent troll in order to prevent patent trolling? The USPTO is proof enough for granting some of the weirdest and craziest patents. But this one seems to be the cherry on the icing on the cake. Halliburton Energy Services Inc. has made an Application No. 11/741429 before the…

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Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

This post was first published on 24th April, 2012. The relevant paragraphs of the case are reproduced below, a case brief will follow soon: 60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage…

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All is Not Lost: How to Restore your Priority Right!

This post was first published on 24th July, 2014. We are well aware of the importance of the Priority Right and therefore also know what losing a priority right can cause. It may throw even the strongest of inventions off balance. A valid priority claim would give us the priority date which is the date of filing of the first application. This date is also known as "effective date of filing” in many jurisdictions. In other words, as the name suggests, the prior…

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Patent Application for Acupuncture Needle

This post was first published on 5th April, 2011. On 6th November 1995, Tae. W Yoo of Seol from Korea filed a patent application (US 5624460) titled “Needle for Acupuncture”. Acupuncture is used as an alternative medicine, adapted from Chinese medical practices in which specific body areas are pierced with fine needles for therapeutic purposes. It can be used to treat or prevent disease. Acupuncture incorporates traditional Chinese medicine as an integral part of practice and theory. …

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PO

Common Reasons for Delay in Grant of Patent

This post was first posted on 20th July, 2o14.   A Patent gives its owner a monopolistic right and protection against unauthorized use of anything under its protection. This is the reason that a patent only gets granted once it passes several levels of stringent scrutiny. This phase is called the examination of the patent application. Examination of the application determines whether the patent application is worthy of a patent grant and thus, unless the application fulfills all patentabilty criteria, it does not receive a grant. For…

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Ideas

Public Use Exemption for Patentability

This post was last published on July 18th, 2014.   Today we will take a look at two patentability cases with a very similar premise, the premise being if the public use of an invention bars its patentability. What these two cases have in common is only the premise, and with a little scrutiny, we will see how contrasting the cases actually were. 1. Egbert v. Lippmann, 104 U.S. 333 (1881) In the year 1855, Samuel Barnes, designed corset springs,…

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Man Tried To Patent Godly Powers!

This post was first published on 8th September, 2011.    Christopher Anthony Roller filed a patent application (11/161,345) entitled “Godly Powers" on July 29th, 2005; he wanted the USPTO to grant him a patent for the same. Chris Roller wanted an exclusive right to the ethical use and financial gain in the use of godly powers on planet Earth. The Abstract of this invention is as mentioned below. “Christopher Anthony Roller is a godly entity. ‘Granters’ had been given my powers…

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Happy Feet – Useful Invention

This post was first published on December 23rd, 2011. A 64-year-old Richland woman named Guadalupe Olvera recently received a U.S. patent for her idea on foot-and-toes dryer device that will help those with diabetes and other patients. Guadalupe Olvera said that she was able to obtain the patent because of help and encouragement from teachers at Pasco’s Columbia Basin College, close friends and her faith in God. The patent involved here is United States Patent No. 8065814, titled “Foot drying…

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Patents Enabling Stealthy Attack

This post was first published on 12th February, 2011. The prestigious Aero-India show 2011 has already taken off in Airbase Yelahanka. I wanted to watch the show on the opening day itself but unfortunately missed it. Aircrafts always has been a passion for me. So I thought of sharing some interesting facts about aircrafts, which are mentioned below. A fighter aircraft is primarily designed for air to air combat with other aircraft. Many of them are provided with ground attacking capabilities. The…

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A Conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010.   Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed…

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