This post was first published on 19th September, 2014.
A thought is emerging in the US that the Alice vs. CLS decision was a game-changer and that software patent protection in the country has been seriously eroded. Let us see what happened between them and how it affects us.
Who is Alice?
Alice Corporation claims to be an innovator in financial markets. The Company has obtained patents on its innovations worldwide, including in the United States. It was founded by privately-held…
This post was first published on 25th November, 2014.
Japanese Patent about a pain-killing drug extracted from 'Kratom' (Mitragyna Speciosa), a well-known Southeast Asian medicinal plant, is creating contradictions. Patent documents and other publications reviewed, are silent on the origin of Kratom utilized by Chiba and Josai. Patents have been issued in Japan and the US, and patent applications may be pending elsewhere.
How the Plant became a Painkiller drug?
In the early 2000s, Japanese researchers began analyzing compounds extracted from Kratom as part of a program to assess medicinal…
This post was first published on 5th September, 2014.
Today we will be discussing a case where the patent grant was rejected by the Canadian Patent Office as higher life forms are patent ineligible subject matter under the Act.
Canada (Commissioner of Patents) (Appellants) vs. President & Fellows of Harvard College (Respondents)
Case: The case was about a patent application filed by the Harvard College for a transgenic mouse. In the transgenic mouse, the genome was genetically altered with the insertion of an oncogene.…
This post was first published on 24th July, 2014.
Case Analysis of Dr. Aloys Wobben and another vs. Yogesh Mehra and others.
CIVIL APPEAL NO. 6718 OF 2013
Facts: Dr. Aloys Wobben (Appellant) owns approximately 2,700 patents in more than 60 countries of which 100 patents are in India in the field of wind turbine generators and wind energy converters. Appellant was carrying out the manufacturing process in India through a joint venture partnership with the Yogesh Mehra and Ajay Mehra (Enercon India Limited)…
"Patent News Bulletin: Quote of the Week, Indian Patent Statistics, First Examination Report (FER) Statistics, Indian Industrial Design Statistics, 3M settles patent infringement suit with Tovis Co. Ltd and Scientific Games Corp., IP5 heads launch New Emerging Technologies and AI taskforce, European Patent Office offers exceptional online courses to IP enthusiasts, Intellectual Property Office of Singapore announces IPIII initiative and other news updates" is presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.…
“Niti Aayog proposes ‘National Strategy for AI’, Flash Electronics, India files infringement suit against Royal Enfield, China in talks to join The Hague Agreement, Republic of Estonia celebrates 100th Anniversary of the Estonian Patent Office, Joint study by EPO and EUIPO explains why SME’s who implement IP show better growth and more patent news” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Quote of the Week
“Obtaining and maintaining a patent is a lot…
“Indian elections and Patents on voting machines, Delhi High Court restrains Natco from manufacturing cancer drug, Samsung and Huawei end eight - year long patent dispute, Novartis thwarts attempt to invalidate its cancer drug in US and more patent news” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Quote of the Week
“Ideas in your mind have no patent value. They must be expressed or reduced to practice before it is too late” –…
“Indian Patent Statistics, Interesting Inventions, IPR Workshops, Certificate Course on Patent Law, Google, Akamai and Netflix accused of patent infringement, Madras High Court upholds Kibow Biotech’s patent, EPO member states discuss patentability of plants obtained by essentially biological processes, First trial by China’s Supreme People’s Court for Intellectual Property, Microsoft adds 500 more patents to LOT Network and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Quote of the Week …
First Publication Date: 6th January 2011
When the US sneezes, the world catches cold!
This statement holds absolutely true for debates over patent infringement damages. It has been just two days that United States Court of Appeals for the Federal Circuit (CAFC) pronounced the judgment in the much hyped Uniloc v. Microsoft case and the world is already drooling over the reincarnated debate. The facts, in a nutshell, involve Uniloc suing Microsoft over infringement of their patent related to software…
First Publication Date: 11th December 2010.
A person falling within the scope of a defense will not be liable for infringement though his product or process is infringing. Some of the defenses to patent infringement recognized under the Indiann Patent Law are:A. Experiment, Research or Education;
B. Bolar Exemption;
C. Government use; and
D. Parallel Imports.
A. Experiment, Research or Education
Use of a patented invention for experimentation or research is a defense to patent infringement. The provision relating to experiment and research under the Indian…