Patent Claims Archives

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 903Views 0Like

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Claiming with a Purpose, with the Blessings of the Inventor

This post was first published on March 1, 2010. Claims draw the boundary to the invention that is being claimed. The boundary that is being drawn must be carefully done in order to ensure that the claims serve their purpose. The point here is that every claim must have a specific purpose and must be targeted to a potentially infringing product or process, or be targeted to protect a specific implementation (in case of defensive approach). In order for the practitioner…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 723Views 0Like

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Story of an Unchallenged Patent: Certainly Uncertain

This post was first published on February 16, 2010. Enabling designing around existing patents to promote progress of Science and technology forms a small but a non trivial part of the rationale behind existence of the patent system. To be able to safely design around patents it is critical to be able to understand the scope of protection rendered to that patent. The best place to start is the claims of patent since it determines the metes and bounds of the patented…

November 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 692Views 0Like

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

Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

First Publication Date: 3rd January 2010 A patent was granted to Valasumani Lathe Works (“VLW”) for an invention titled "IMPROVED THRESHING AND SEPARATING MACHINE". The applicant in the case, Manivannan trading as Kumar Industries, filed an application for revocation of the patent before the Appellate Board. The applicant contended that VLW’s invention was not patentable in the light of the applicant’s patent application relating to a machine for threshing of corn, which was abandoned and the machines of the applicant,…

October 29, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1228Views 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 1416Views 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 756Views 0Like

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State Street Bank & Trust Co. v. Sign. Fin. Group Inc., 149 F.3d 1368 (Fed. Cir. 1998)

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October 19, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1352Views 0Like

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Interesting patents, Stupid Patent, Patent Licensing, Buying Patents, Gene Editing, Qualcomm v. Apple, Working of Patents, Patent Claims and more

Interesting patents, Stupid Patent, Patent Licensing, Buying Patents, Gene Editing, Qualcomm v. Apple, Working of Patents, Patent Claims and more, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Patent quote of the week "Working a Patent is not as easy as it sounds." - Dr. Kalyan C. Kankanala, Renowned IP Attorney, Professor and Novelist Indian Patent Statistics This week there has been a significant decrease in number of applications granted by the…

April 17, 2017 BananaIP Reporter Intellectual Property, Patents 0Comment 791Views 0Like

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Patent Law-Basics of Patent Process- A PPT by Somashekar Ramakrishna at NLSIU

The following presentation was delivered by Mr. Somashekar Ramakrishna, Partner BananaIP Counsels, at National Law School of India University, Bangalore (NLSIU), as a part of the Patent law course offered for PGDIP students. The presentation titled “Basic of Patent Process”covers the following topics: Patent Process Filing Publication Examination Pre-Grant Opposition Grant Post-Grant Opposition Other concepts such as-Statement of undertaking, Divisional application, Patent of addition, Working of Patents Exercises About…

January 25, 2016 BananaIP Reporter Patents 0Comment 3238Views 0Like

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Something More About Swiss Type Claims

Claiming with a Purpose, with the Blessings of the Inventor

Story of an Unchallenged Patent: Certainly Uncertain

Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

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

Claims! A Legal Fence and Public Notice

State Street Bank & Trust Co. v. Sign. Fin. Group Inc., 149 F.3d 1368 (Fed. Cir. 1998)

Interesting patents, Stupid Patent, Patent Licensing, Buying Patents, Gene Editing, Qualcomm v. Apple, Working of Patents, Patent Claims and more

Patent Law-Basics of Patent Process- A PPT by Somashekar Ramakrishna at NLSIU

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