This post was first published on 6th December, 2014.
TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked:
Is the prior art quoted instrumental in teaching the reader the method of producing the invention?
Does the prior art or any of its contents suggest any method of producing the invention in question?
Does the…
This post was first published on 15th September, 2011.
The patent reform bill is now awaiting approval from the President to become the law of the land. The bill proposes many changes to the existing US Patent Act. Below listed are few important provisions included in the bill:
First-Inventor-To-File: US patent system will now operate on first-inventor-to-file instead of its earlier operation system which was first-to-invent. The first-inventor-to file system provides certainty with respect to the invention date thereby…
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…
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…
This post was first published on 14th January, 2011.
Filing of a Patent application in India has been simplified by the option of E-filing software. With the use of digital signature an authorized patent agent or applicant can directly file a patent application in the E-filing software.
Normally, a patent application can be filed by the true and first inventors or the assignee having acquired the authority from the true and first inventors.
The following documents/forms are required at…
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…
“Patent News Bulletin: Quote of the Week, Indian Patent Statistics, First Examination Report (FER) Statistics, Indian Industrial Design Statistics, NLUJA, Assam invites applications for IPR Chair Professor; European Patent Office launches - Strategic Plan 2023; Coordination Meeting for IGO’s to be hosted by WIPO in July and more” presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
QUOTE OF THE WEEK
“Patent risks in Open Source usage are real, and Companies must implement…
“Indian Patent Statistics, Interesting Inventions, Industrial Designs Statistics, BananaIP completes 15 years, WIPO – India Summer School on IP to begin in June, NATCO Pharma settles infringement dispute with Onyx Therapeutics, South Korea to host this year’s IP5 roundtable and more patent news” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Quote of the Week
“Patent knowledge cannot promote scientific progress unless it is accessible.” - Dr. Kalyan C. Kankanala, BananaIP Counsels
Indian Patent…
Nature of the company: A premier technology institute
Why they approached us:
Keen on Intellectual Property , but the activities were totally unorganized.
Was following an IP policy, which did not seem to be producing the requisite results
Many inventions being created, but did not have a licensing/technology transfer program.
What did we do:
Met more than thirty departments in the institute to understand the mind set, and IP related issues.
Studied the nature of…