In the recently published IAM Strategy 300 listing for 2021, Ms. Vinita Radhakrishnan, Senior Partner at BananaIP has been recognized as one of the Top IP Strategists in the world. The listing includes 300 internationally recognized IP Professionals selected through a confidential nomination process followed by research and interviews. The list includes IP Leaders from the industry, law firms, Research institutions and Universities. VINITA RADHAKRISHNAN For more information about her achievements and body of work you may visit here…
This post was first published on July 18, 2014.
After studying citations from patents that were invalidated by US Judges, researchers from the London School of Economics commented, "Patent invalidation has a significant impact on cumulative innovation in the fields of computers and communications, electronics and medical instruments (including biotechnology). We find no such effect in fields involving drugs, chemicals or mechanical technologies." Let us now take a look at why this discrepancy exists.
What is patent invalidation?…
This post was first published on July 17, 2014.
A transitional phrase is a part of the claim that connects the preamble and the body. The Transitional phrase determines as to whether a claim is “Open” “Partially Open” or “Closed.”
Open Claim
An Open claim includes additional unrecited elements i.e., if a claim, which is Open, recites elements A, B, C and D, then an article which includes elements A, B, C, D and E…
This post was first published on March 15, 2011.
The draft Patent (Amendment) Rules, 2011 have been notified for publication in the Gazette of India. Any objections or suggestions may be sent by email to chandni[dot]raina[at]nic[dot]in within 45 days from the date on which the official gazette, containing the notification, is made available to the public. This amendment rules have made it easier for patent applicants and practitioner by providing for online filing of documents.
Following are the salient features of the…
This post was published on May 2, 2011.
The debate with respect to genetic and stem cell patents is alive with the European Court of Justice's (ECJ) preliminary opinion in March. According to the opinion, embryonic stem cells are not patentable because the use of totipotent stem cells amounts to the use of human embryos for industrial or commercial purposes. Since totipotent stem cells can develop into a human being and are derived from an embryo, they can be considered to…
This post was first published on April 23, 2012.
In a landmark decision on a generic drug-maker’s ability to introduce a generic drug for uses not indicated on the branded product’s label, the US Supreme Court ruled in favour of Caraco Pharmaceutical Laboratories, a unit of Sun Pharmaceutical Industries, in its patent litigation against Novo Nordisk over Caraco’s generic version of Prandin, repaglinide tablets, a blood glucose lowering drug.
The drug in question, Prandin, generically known as repaglinide, is used…
This post was published on July 21, 2014.
The subject of today's topic would probably leave a patent applicant feeling a bit like the reigns are slipping. A patent is not a piece of cake to acquire. The right owner of the invention be it an inventor or an applicant has to prove themselves beyond any doubt. It is the basic right of every individual to oppose the grant of any patent, in cases where such a grant would seem…
This post was first published on July 10, 2012.
Given the global nature of businesses today, it is not uncommon for a patent applicant to file patent applications in multiple countries for the same invention. Like many other patent offices, the Indian patent office imposes an obligation on the applicants to update the patent office with respect to foreign filings for substantially the same invention for which an application has been filed in India. The whole idea is to benefit…
This post was first published on 28th August, 2014.
A computer program is an intellectual creation and can be protected by Intellectual Property (IP) Law, particularly by Copyright and Patent Laws. The manner of IP protection for computer programs is a hot topic of debate, primarily due to the fact that current IP regimes are not effective in dealing with their protection comprehensively. There is a lot of ambiguity with regard to their protection because of the technical complexities in computer programs and the difficulty…
This post was first published on 17th July, 2014.
When an individual is struck with an idea and an invention follows, it is advisable for them to gain monopoly over the invention's marketing rights via patent protection through relevant authorities. This write up briefly summaries the essentials of patent filing and protection.
What is an Invention?
An invention is a technological advancement that is not anticipated by publication in any document or used anywhere in the world including the country of the invention, before the date…