Search Results for: patent

Title	Author	Category	Date Added	dl#	Rating
A NEW PARADIGM – 4 STEPS TO DEFENDING PATENT	Michael A. Shimokaji	Patent	5/1/06	781	3.1/10
Abstract:	Many contingency fee arrangements for defense counsel are possible for patent infringement suits. The contingency fee can be based solely on the savings between the settlement/judgment and damage exposure – which may be particularly workable where the damage exposure is quite high. In another situation, the defendant counsel’s fee may be a mix of hourly fee and contingency fee based on the savings.
Keywords:	patent litigation, patent lawsuit, contingency fee
Adding Life to Patents - Huddles and Struggles	Neelakamal Mohapatra and Rupalekha Mohapatra	Patent	11/3/07	307	8/10
Abstract:	In this article the authors have tried to provide the importance of patenting life forms in the current scenario along with various problems and controversies of patenting life forms as well as their existing solutions. This paper will cover only three important parts of life forms such as microorganisms, plants and animals. The main focus has been to highlight issues (legal, ethical and environmental) related to life patenting. The objective is three fold in nature-first understanding–what is life patenting is all about and second, understanding the discrepancies involved with it, within the existing laws of India, US and EU and Indian Stand (Judiciary and Legislative) on life patenting.
Keywords:	Patent, Life-form, Biotechnology, microorganism
Amendments to EPC	Krishna Kumar Chavali	Patent	11/3/07	174	8.5/10
Abstract:	Effective 13 December 2007, the EPC2000 is coming into force making some significant amendments to the European patent law. These amendments may be beneficial to the pharmaceutical sectors. Few of the amendments are discussed herewith in this article.
Keywords:
Because, There is a Cause....	M. Qaiser & P. Mohan Chandran	General Intellectual Property	5/1/06	258	6.5/10
Abstract:	A patent acquired to stop others from patenting the invention with the intention to serve social cause is termed as ‘social patenting.’The idea is catching on because several big companies want to take visible actions that showcase their social responsibility. A copyleft is to copyright, what a social patent is to a patent. If you apply the principles and motivations of the social patents to a copyright, it will be termed as copyleft.
Keywords:	social patent, copyleft, copyright, intellectual property, patents, anti-patent
Calculating Damages Payments and Accounts of Profits in Patent Cases	Leigh Ellis	Patent	11/3/07	588	5.2/10
Abstract:	It is all well and good to be encouraged to apply and obtain for patent protection. The main remedies for patent infringement are a narrow injunction to prevent future instances of the infringement, and either damages or an account of profits. In this article, we examine the measure of monetary compensation that may be awarded by these damages and accounts of profits and the factors taken into account in their calculation.
Keywords:	intellectual property patent disputes damages accounts profits lawyers solicitors
China's Guidebook for Pharmaceutical Patent Protection	Labwu Zengxian	Patent	11/3/07	269	5.5/10
Abstract:	Dear Sirs, Access China will publish China's Guidebook for Pharmaceutical Patent Protection in March 2007. Access China is seeking the distributors for China's Guidebook for Pharmaceutical Patent Protection. Can we establish the partnering relationship to introduce this guidebook to overseas legal and pharmaceutical professionals ? Here I send the publication dates, price, format, along with tables of contents and executive summaries for four volumes of China Pharmaceutical Guidebook Series as the following and an introduction as the attached file. I look forward to hearing from you and discussing on distribution. Best wishes, Yours sincerely, Labwu Zengxian President Access China http://www.accesschinainfo.com Email: zengxian.wu@gmail.com ====================================================== Description China is expected to become the fifth largest drug market in the world by 2010 with a growth rate of 20-25 percent per annum in next three years. As China joins the World Trade Organization (WTO) and integrates more completely into the global economy, it will further open the door to a lucrative drug market for overseas pharmaceutical companies, which attracts more and more overseas pharmaceutical manufacturers and producers to enter such drug market and seize a larger part of such drug market. However, the Chinese social environment for the protection of intellectual property right is complex. The locally produced generics and copy products dominate the Chinese drug market. It is estimated that about 97 percent of the drugs produced by local companies are generics or counterfeits. Facing such complex social environment and market, most overseas and multinational pharmaceutical companies fear that their imported drugs and pharmaceuticals produced in China will be imitated or copied, in turn, their intellectual property will be infringed and benefit will be violated. What reason incurred such fear of overseas and multinational pharmaceutical companies? Why did Eli Lilly & Company fail in its litigation of patent infringement dispute case in China? Why can Pfizer win in an administrative proceeding against the Patent Reexamination Board of the China State Intellectual Property Office (SIPO) for its Viagra patent? Lack of knowledge of the Chinese intellectual property right system and legislation institution, the cultural difference between China and Western countries as well as the language barriers incurred such result. China's Guidebook for Pharmaceutical Patent Protection is an essential resource for overseas and multinational pharmaceutical companies to achieve a successful patent protection for their intellectual property in China. This guidebook, targeting overseas and multinational pharmaceutical companies and combining case studies of patent infringement dispute in China from them, will provide a comprehensive and thorough knowledge of the Chinese patent system and legislation institution to guide overseas and multinational pharmaceutical companies step by step to achieve a successful patent protection for their intellectual property in China, which is beginning from the organization structure and the responsibility of Chinese patent authorities, the application for patent, the examination and approval of application for patent, the protection of patent right, to design for compositions of optimized patent protection strategies. Its audiences are the executives from overseas and multinational pharmaceutical companies who have the preliminary knowledge of patent. It is also a textbook for the readers studying in the patent protection for intellectual property rights relating to pharmaceuticals. After having skimmed through this guidebook, audiences and readers can not only be clearly aware of the Chinese patent system and legislation institution, but also design an optimized patent protection strategy for themselves to acquire an adequate protection for their patent right in China. Guidebook Highlights China's Guidebook for Pharmaceutical Patent Protection provides a comprehensive and thorough knowledge of the Chinese patent system relating to pharmaceuticals, the detailed administrative, civil and criminal judicial pathways for protections of patent right, and the design for composition of optimized protection strategies. Ć The organization structure of patent authorities and judicial system; Ć A comprehensive and thorough knowledge of the Chinese patent system and the relevant laws and administrative regulations relating to pharmaceuticals; Ć The patentable subject matter relating to pharmaceuticals in China; Ć Administrative protection for patent right; Ć Civil judicial procedures and remedies for patent right; Ć Criminal punitions for infringement of patent right; Ć Design for compositions of optimized protection strategies; Ć Case studies and comparative analyses of patent infringement disputes. Table of Contents Executive Summary 4 Preface 6 Chapter 1. Introduction 9 Chapter 2 . Organization Structure of Patent Authorities and Judicial System 12 2.1. Organization Structure of Patent Authorities 12 2.2. Organization Structure of Judicial System 14 2.3. Responsibilities of the State Intellectual Property Office (SIPO) 15 2.3.1. Responsibilities of the Patent Office 15 2.3.2. Responsibilities of the Patent Reexamination Board 16 Chapter 3. The Objects of Patent Right 17 3.1. The Objects of Patent Right 17 3.2. The Non-Patentable Subject Matter 18 Chapter 4. The Patentable Subject Matter Relating to Pharmaceuticals 19 4.1. The Patentable Subject Matters for Invention 19 4.2 . The Patentable Subject Matters for Utility Model 22 4.3. The Patentable Subject Matters for Design 22 Chapter 5. Application for Patent 23 5.1. The Right of Patent Application 23 5.2. The Applicant for Patent 24 5.3. The Date of Filing and the Priority Date 24 5.3.1. The Date of Filing 25 5.3.2. The Priority Date 25 5.4. Application for Patent 27 5.4.1. Application for a Patent for Invention or Utility Model 28 5.4.2. Application for a Patent for Design 33 Chapter 6. Examination and Approval of Application for Patent 34 6.1. Examination and Approval of Application for Patent for Invention 35 6.2. Examination and Approval of Application for Patent for Utility Model and Design 42 6.3. Examination and Approval Procedure of Application for Patent for Invention 48 6.4. Examination and Approval Procedure of Application for Patent for Utility Model or Design 50 Chapter 7. Reexamination of Patent Application and Invalidation of Patent Right 51 7.1. Reexamination of Patent Application 51 7.2. Reexamination of Invalidation of Patent Right 53 Chapter 8. Legitimate Rights and Liabilities of Patentee 56 8.1. Legitimate Rights and Interests of Patentee 56 8.2. Legitimate Liabilities of Patentee 58 Chapter 9. Limitation of Patent Right 58 9.1. Exceptions to Patent Right Conferred 59 9.2. Compulsory License for Exploitation of Patent 60 Chapter 10. Protection of Patent Right 62 10.1. Duration and Scope of Patent Right Protection 62 10.2. Infringement of Patent Right and Legal Liability of Infringer 62 10.2.1. Infringement of Patent Right 63 10.2.2. Legal Liability of Infringer 64 10.3. Administrative Protection for Patent Right 65 10.3.1. Administrative Protection of the Patent Authorities 65 10.3.2. Administrative Protection of the Customs 67 10.4. Administrative Judicial Procedures for Protection of Patent Right 73 10.5. Civil Judicial Procedures and Remedies for Patent Right 74 10.5.1. Scope of Civil Patent Disputes 74 10.5.2. Jurisdiction 75 10.5.3. The Time Limit of Litigation 76 10.5.4. Application for Pre-trial Cessation of Infringement and Property Preservation 76 10.5.5. Litigation 79 10.5.6. Remedies and Compensations 81 10.6. Criminal Punitions for Infringement of Patent Right 83 Chapter 11. Compositions of Optimized Protection Strategies 83 11.1. Optimized Patent Protection Strategies based on the Kind of Patent Right 84 11.1.1. Review of Some Essentials of Knowledge 84 11.1.2. Compositions of Optimized Patent Protection Strategies based on the Kind of Patent Right 87 11.1.3. Case Studies 91 11. 2. Optimized Protection Strategies beyond Patent Right 99 11.2.1. Case Study: Pfizer's Viagra Patent and Trademark Dispute in China 100 11.2.2. Essential Knowledge of Registered Trademark in China 107 11.2.3. Optimized Protection Strategies beyond Patent Right 113 Chapter 12. Appendices 114 12.1. Case 1: A Patent Infringement Dispute of Eli Lilly (Eli Lilly and Company) v. Jiangsu Hansoh Pharmaceutical Corporation & Shanghai Institute of Pharmaceutical Industry in China 114 12.2. Case 2:: A Patent Infringement Dispute of Abbott Laboratories v. Andrx Pharmaceuticals, INC. 130 12.3. List of the People's Courts Accepting First Instance Administrative and Civil Litigations for Patent Case 150 12.4. Patent Registration and Patent Gazette in China 153 12.4.1 . Patent Registration in China 153 12.4.2. Patent Gazette in China 153 12.5. References 155 12.6. Resources 157 12.7. Author's Biography 158 12.8. Company's Description 159 ========================================================
Keywords:	China Pharmaceutical Patent Protection, Pharmaceutical Patent Protection
Compulsary License for Patents in India	Sudhir Kumar Aswal	Patent	11/25/06	467	7.3/10
Abstract:	Patents are granted to encourage the inventors to disclose their inventions and also to grant them monopolistic right to exploit the invention. The objective of Patent Grant in India is to ensure that the inventions are worked in India on a commercial scale and to the fullest extent without any undue delay. Accordingly, any interested person after expiry of 3 years from grant of patent even though if he is a license under the patent, may make an application to the Controller for grant of compulsory license on the grounds that
Keywords:	Compulsary license in India, License,
Computer Software Programmes & Patenting: The Western Perspective	Priyanki Saha	General Intellectual Property	3/6/06	482	7.4/10
Abstract:	The paper deals with the issue of software patenting as it has been tackled primarily in the developed countries like the US. The discussion sprawls mainly over four sections. The first section basically analyses cases to prove whether software programmes can be a subject matter of patent or not. It depicts the shift of focus from algorithms to business methods to softwares being patentable though not per se. The second section deals with the modern approach to software development. The next section deals with the RUP (Rational Unified Process)which is an interative software development process created by the Rational Software Corporation, now a division of IBM. It states the division of labour for more advanced software programmes for patenting. Emphasis has been put on requirements of grant of patent in the fourth section, namely, non-obviousness and disclosure requirements.
Keywords:	software patenting, computer system, disclosure requirements
Contributory Patent Infringement	Manoj Pandey	Patent	1/15/07	804	6.2/10
Abstract:	In pharmaceutical sectors, research based companies invest heavily in the Research and Development (R&D) of new chemical entities, their formulations and delivery modes. Patent protection is very important in pharmaceutical industry in order to generate revenues for continued research for new drug product to bring to the market. This article with some case studies describes the potential threat of contributory infringement that need to be considered in pharmaceutical industry.
Keywords:	Patent infringement, Contributory infringement, pharmaceutical
Data Exclusivity - the Indian Diolemma	Manoj Pillai	India	11/22/04	899	5.2/10
Abstract:	In about a months’ time the Indian IPR laws have to be TRIPS Compliant. The 2005 January 1 deadline for TRIPS compliance marks the culmination of a long, often controversial process of amending India’s IPR laws to bring them in conformity with the TRIPS norms. In 1995, when India joined the WTO as a founding member, the substantive IP laws of the country substantially differed from the TRIPS. India long resistance not to join the Paris Convention put the national IP laws in sharp conflict with the TRIPS. The obligation under Art. 39 (3) of the TRIPS Agreement to provide exclusivity for clinical test data to be submitted for drug approvals is a widely debated issue in India. This article attempts to analyze the implications of India's Art. 39 (3) (of TRIPS) obligations.
Keywords:	India, TRIPS Compliance, WTO deadline, pharmaceutical patents
Dependent Claims usually broaden Patent Rights	Reshma Khan Goaran	Patent	11/3/07	238	5.6/10
Abstract:	“Claims” describe the invention and clearly demarcate the limits of the right of the patentee. One of the ways of writing claims is in the form of independent and dependent claims, wherein the first claim is broader and subsequently the other claims by reference to the previous claim detail and explains the invention further. The question which this paper seeks to answer is “whether dependent claims broaden the patent rights?”
Keywords:	dependent claims
Determining entity status	Heidi S. Nebel	Other Intellectual Property	10/16/04	267	7/10
Abstract:	Small and large entity businesses are subjected to different governmental fees.
Keywords:	small entity patent fees
Disclosing Commercial Incentive in Patent Specification	Abhilasha Kumbhat	Patent	2/25/06	268	6.2/10
Abstract:	The incentive theory of patents is the most widely accepted theory; references to it are everywhere. As with any incentive, patents are thought of as a
Keywords:	patent, commercial incentive, disclosure, specification
Entrance of Indian Generic drug companies in US drug market	Tanuj Kumar Joshi	Patent	11/3/07	536	5.6/10
Abstract:	Entrance of Indian Generic drug companies in US drug market In India, business of most of pharma companies is solely based on Active pharma ingredients (API) .Here first, is assigned to mention of role of API, API is the part of drug dosages, which is only responsible for pharmacological action in human body. Food and drug administration FDA of US, list out all the approved drugs with complete specification or patent related information, if any, in a publication known as Orange book. Orange book classifies drugs based on three categories • Prescribed drugs • Over the counter drugs • Discontinued Drug Products. To know the market strategies of Generic drug manufacturers, first we have to simply look, the procedure of filing ANDA (abbreviated new drug application), which US put forward, in scenario of, promoting generic bulk drug manufacturers and also for drug price control activities under hatch-Waxman act. Procedure of filing ANDA: Any generic firm can file ANDA, for any already approved drug application with one of the four following certificates. 1. Para I: if the drug information is not patented. 2. Para II: if the drug information has expired patent. 3. Para III: if the patents for particular drug specification are has to be expiring soon. 4. Para IV: if the generic version of particular drug is not infringed by the listed drug patent, or the inventors patent is invalid. The 4th above mentioned case is so interesting. In this case, generic player who filed ANDA under Para IV, for a particular listed drug, has to be notifying main inventor of drug. Within 45 days of notification if real inventor sue generic version as an infringement, 180 days market exclusivity postpones to 30 month, or the time taken in court dispute or till the date of expiry of patent. In any given case if any generic manufacturer get ANDA, then he is the only market player for the drug with 180 days exclusivity’s with no prior R&D expense like the real inventor of drug, he can sell the drug with lower price then the real inventor , so cutting the real inventors monopoly in drug price, one can get a large beneficial amount within 180 days, by only proofing once drug bioequivalent to the invented drug in front of FDA So this is how our Indian generic bulk drug manufacturing companies are entering in US pharma market and gaining profit
Keywords:	ANDA, pharma, exclusivity
Entrance of Indian Generic drug companies in US drug market	Tanuj Kumar Joshi	Patent	11/3/07	181	5.5/10
Abstract:	In India, business of most of pharma companies is solely based on Active pharma ingredients (API) .Here first, is assigned to mention of role of API, API is the part of drug dosages, which is only responsible for pharmacological action in human body. Food and drug administration FDA of US, list out all the approved drugs with complete specification or patent related information, if any, in a publication known as Orange book. Orange book classified drugs based on three categories • Prescribed drugs • Over the counter drugs • Discontinued Drug Products. To know the market strategies of Generic drug manufacturers, first we have to simply look, the procedure of filing ANDA (abbreviated new drug application), which US put forward, in scenario of, promoting generic bulk drug manufacturers and also for drug price control activities under hatch-Waxman act. Procedure of filing ANDA: Any generic firm can file ANDA, for any already approved drug application with one of the four following certificates. 1. Para I: if the drug information is not patented. 2. Para II: if the drug information has expired patent. 3. Para III: if the patents for particular drug specification are has to be expiring soon. 4. Para IV: if the generic version of particular drug is not infringed by the listed drug patent, or the inventors patent is invalid. In the above first two cases , generic player get 180 days market exclusivity after filing ANDA, for any listed drug, on first come first basis. In the third case, Exclusivity can only give after the expiry of patent. But the 4th case is so interesting. In this case, generic player who filed ANDA under Para IV, for a particular listed drug, has to be notifying main inventor of drug. Within 45 days of notification if real inventor sue generic version as an infringement, 180 days market exclusivity postpones to 30 month, or the time taken in court dispute or till the date of expiry of patent. In any given case if any generic manufacturer get ANDA, then he is the only market player for the drug with 180 days exclusivity’s with no prior R&D expense like the real inventor of drug, he can sell the drug with lower price then the real inventor , so cutting the real inventors monopoly in drug price, one can get a large beneficial amount within 180 days, by only proofing once drug bioequivalent to the invented drug in front of FDA So this is how our Indian generic bulk drug manufacturing companies are entering in US pharma market and gaining profit.
Keywords:	API, Pharma, Hatch-waxman
Execution of Improved Patents	Binqiang Liu	Patent	11/25/06	275	7/10
Abstract:	Have you ever heard of improved patents? What should you do if you face such a situation? See what I introduce about Execution of Improved Patents.
Keywords:	patent improved cross-license
FTC’s Controversial Plan To Change The Patent System	Jessica Akers and Dennis Fernandez	Patent	7/3/04	590	8.3/10
Abstract:	Patent rights promote innovation and expression of new ideas and inventions for the public benefit. Patent rights give incentives to inventors to express their ideas by giving them assurance that these ideas will be protected so that others will not be able to profit from them. However, while patent protection provides economic incentives for inventors, this protection is not unlimited. Antitrust laws impose important restrictions to ensure that inventors are not overstepping their boundaries by restricting competition.
Keywords:	FTC, antitrust law, patents, competition
Filing Design Specification in India	Prof. Sanjay Pandey	India	8/26/05	577	5.6/10
Abstract:	Unlike United States, Designs are subject matter of registration in India and no design patent is granted in India for protection of designs. The most interesting part in design protection is that it uses two specific terms as used for grant of patent, such as, novelty and priority date and prior art but its content does not match with that of patents. Herein below we can find a brief as to procedure and technique for obtaining design registration in India.
Keywords:	Design, Novelty, Priority, India
Finally A Drug That Stimulates Innovation!	M. Qaiser & P. Mohan Chandran	General Intellectual Property	3/6/06	210	5/10
Abstract:	This article describes how the product patent regime has been the perfect harbinger of R&D and innovation in Indian pharma companies. The article elucidates on how research and innovation will leverage India into global leadership in the wake of the product patent regime. More and more Indian pharma companies are now investing humungous amounts on R&D. This will soon catapult India as the new
Keywords:	patent, intellectual property, drug, innovation, pharmaceutical, R&D, drug discovery,
Global Search for Software Patents: Is Google on eBay’s auction?	M. Qaiser & P. Mohan Chandran	Patent	4/5/06	349	10/10
Abstract:	The article describes the importance of software patents in the IPR era. Google and eBay have been able to build successful business models because of their thrust on software patents. Internet businesses are booming today and will thrive in future, too. In such a scenario, software patenting become indispensable for business organizations.
Keywords:	Google, search engine, software, patents, eBay, online business, licensing, intellectual Property.
Guide to Filing a U.S. Patent Application (Utility Patent)	IP Lexicon	Patent	2/24/08	890	6.8/10
Abstract:	A practical guide outlining the specific steps required to file a U.S. utility patent application.
Keywords:	patent, patent application, utility patent, filing a patent application
History and Trends in Agricultural Biotechnology	Edmund J. Sease	General Intellectual Property	10/16/04	466	5/10
Abstract:	Since 1790, our patent laws have allowed the patenting of five categories of subject matter, namely machines, compositions of matter, articles of manufacture, processes, and improvements in each. The most remarkable thing about this Statute (now 35 U.S.C. § 101) is that it has hardly changed in substance since its inception. Thus, the categories of patentable subject matter are nearly as old as our Constitutional Clause allowing the patent system to exist, Article 1, Sec. 8, Cl. 8! It is worthy to note that neither the Constitution nor the implementing statute defining the categories of patentable subject matter says anything about whether the subject matter is living. Why then should it be remarkable for our Supreme Court to have concluded that whether an object for which a patent is sought is living, is an irrelevant consideration to patentability? An even more pointed question might be what difference does the living vs. non-living issue make to plant patentability?
Keywords:	patents biotechnology
How is your IP worth?	Sylvain Roy	Other Intellectual Property	10/4/04	1085	10/10
Abstract:	This brief article introduces the techniques of IP Valuation, the difference between patent valuation and product valuation, and the importance of assessing the economic value of IP, products and technologies for business operation and risk management.
Keywords:	IP Valuation, patent, brand, marketing, M&A, license
How soon do you want your patent application to be examined?	e-formationcentral	General Intellectual Property	11/3/07	158	5.4/10
Abstract:	One thing to keep in mind whether you are an attorney or an inventor (especially inventors), is to make sure that you or your attorney are/is not submitting a ton of claims in defining the invention. Unless it is absolutely necessary to define your invention with that many claims, it is not advisable to submit an excess amount of claims.
Keywords:	patent application patent term
IP competitive intelligence: What is my competitor really up to?	Navtej Saluja and Balwant Rawat	Patent	11/3/07	470	8.2/10
Abstract:	Ever wondered what Google has been up to lately? How about Yahoo!, Microsoft, IBM or other high tech companies? Many professionals, companies and organisations frequently ask similar questions about their key competitors. However, since this information is proprietary and highly confidential, there is almost no likelihood of getting these answers directly from the companies. Since companies, especially those in the technology sector, are constantly innovating and creating barriers for their competitors, they are also continously filing patent applications and getting many – if not most – of these granted. Hence, searching through databases such as those provided by the United States Patent and Trademark Office (USPTO), which contain granted patents and recently published patent applications, is one way of gaining an insight into the strategic direction of these companies. In this article, Evalueserve research shows that traditional searching techniques that only use databases such as the USPTO database, which comprises granted patents and published applications, for analysing a company’s patent portfolio are usually not sufficient. Evalueserve suggests the following complementary techniques: 1) One technique is searching through patent-assignment databases, some of which are freely available and others provided by Intellectual Property (IP) database vendors as licenses. For example, a complementary search within the USPTO patent assignment database can yield some of the missing ownership information, especially if the granted patents and published applications were filed by one entity and later acquired by another. 2) Another technique is checking accuracy by using complementary databases, e.g., correlating Patent Cooperation Treaty (PCT) filing information with USPTO filing information. 3) Yet another technique is performing inventor-based searches along with assignee-based searches to get better results. This technique really works well because there are many published applications for which ownership information may not have been recorded earlier. Finally, this article presents two case studies that use the complementary techniques mentioned above, as well as some of Evalueserve’s findings about Google and Yahoo!, which may surprise you.
Keywords:	Evalueserve, patent, competitive intelligence, Google, assignee, patent assignment, competitor
Implementing Intellectual Asset Management Program for the Enterprise	Chris Jones	General Intellectual Property	11/3/07	126	5.2/10
Abstract:	Intellectual asset management is a structured and disciplined approach for turning ideas and knowledge into intellectual property and revenues. Implementing successful intellectual asset management (IAM) processes requires five fundamental pieces within an organization: an intellectual asset management strategy, a dedicated team, well defined processes, infrastructure and systems, and metrics for continuous improvement.
Keywords:	intellectual asset management, intellectual property management, IP management, patent management
India - Product Patents & Potential Patent Litigations	Manoj Pillai	Patent	12/27/04	1243	7.3/10
Abstract:	India's deadline to provide product patents in the field of medicines and agro-chemicals is December 31, 2004. The Government of India is almost determined to promulgate a 'product patent ordinance'. The Ordinance will be eventually (in about 6 months) replaced by a law (amendment) passed by the Parliament. The Government of India is keen to avoid yet another trade dispute at the WTO for non-compliance of TRIPS provisions. This Article deals with India's last minute efforts to make the national patent law TRIPS compliant.
Keywords:	India, patents, product patents, pharma patents, TRIPS, WTO
Internet Based Patents	Brett J. Trout	Patent	11/6/05	432	7.3/10
Abstract:	Can my company patent something it does online? What are the pros and cons? What difficulties might one encounter during the patent process? This article provides a short primer on patents generally and
Keywords:	patent internet state street business method
Is India Geared Up for Business Method Patent?	Apoorva Yadav	Patent	11/3/07	256	6.3/10
Abstract:	Today technology is changing expeditiously. New technical inventions are taking place in huge number. These new inventions open new field of subject-matter for protection under Intellectual Property Law. Intellectual Property law gives an umbrella protection to new inventors. Patent provide protection for those line of process, products which are novel and are capable of proving that it involves an inventive step. USPTO grants maximum patents in a year. The paper written here advocates the invalidity of Business Method patent in Indian scenario. Business method today is capable of IP protection in countries like USA, Australia, Japan and New Zealand. India is against granting of protection to Business Method.
Keywords:	India, Business Method Patent
Is Pursuing a Career in Patent Law the Right Move for You?	Lisa Parmley	Patent	7/17/05	1050	4.2/10
Abstract:	Did you know that you might be eligible to gain entry into the field of patent law even without a law degree? The basic requirements are a degree in a technology-related field and the will to pass the Patent Bar Exam. The field of patent law is wide open to Biologists, Chemists, Engineers, Computer Scientists, and many other science and technology professionals. And it’s true; individuals with the proper science or engineering degree need only pass the Patent Bar to become registered Patent Agents. Upon becoming a Patent Agent, you may gain employment writing and prosecuting patent applications at law firms, technology transfer offices, biotech or engineering corporations, and government institutes.
Keywords:	patent bar, patent career, patent agent
Joint Ownership of Patents - A Trap for the Unwary	Wendell Ray Guffey	Patent	8/1/04	2418	9.2/10
Abstract:	The article reviews the law governing joint inventorship and joint ownership of patents, discuss the problems that can result from such ownership, and suggest methods to avoid the problems and disputes that can result from joint ownership of patents.
Keywords:	patent joint ownership inventorship
LOCUTUS - December 2003	Carmen Champion & Jane Rawlings	Intellectual Property Newsletter	6/27/04	261	9/10
Abstract:	monthly newsletter re ip developments in Australia.
Keywords:	trade marks copyright patents designs confidential information
LOCUTUS October 2005 Issue	Carmen Champion & Jane Rawlings	General Intellectual Property	11/6/05	111	1/10
Abstract:	Summary of recent Australian cases in the IP law area.
Keywords:	trademarks patents copyright designs
LOCUTUS	cARMEN cHAMPION & jANE rAWLINGS	General Intellectual Property	12/11/05	108	4/10
Abstract:	Monthly newsletter detailing the latest Australian court decisions in IP
Keywords:	trademarks patents designs copyright confidential information
Legal and Policy Implications for allowing gene patents	Anuranjan Sethi	General Intellectual Property	1/15/07	330	8.7/10
Abstract:	This paper would deal with the issue of 'gene patents' by tracing its origins through U.S. case laws and the contemporary place it occupies in the legal theory. Further the paper would draw policy implications of patenting gene sequences from a third world country perspective, especially for India. The first section would trace various important judicial pronouncements in the U.S. and Europe dealing with the patenting of biotechnological innovations up to the watershed case of Diamond v. Chakrabarty. This section would find that a constant expansion in the patentability criteria of law took place in the field of biotechnological innovations to make the law more and more inclusive in its scope. Next section would theorize around the nature and unique characteristics of 'gene sequences' as biotechnological innovations and discuss various episodes of attempts to patent 'gene sequences'. Through a multi-pronged analysis consisting of the established principles of patent law to the ethical dimension it invokes, this section would further study arguments advanced by the advocates of gene patents in various forums. Third section would raise some policy concerns that have been increasingly voiced by several medical practitioners and independent biochemical researchers, who have warned that gene patents would freeze all bio-medical innovations. The last section would argue that implementing gene patents is a bad legal policy choice and highly undesirable for a developing country like India.
Keywords:	patent, intellectual property, genes, biotechnology, law, policy
Major Changes After Amendment of Rules, 2006	Sanjay Patel	Patent	11/3/07	87	6/10
Abstract:	After amendment of The Patent Rules 2003, which came in effect from 5th May 2006, there may be totally different picture and mainly in respect of time lines for doing any act.
Keywords:	Amendment, Rules, Changes
Mining patent data for competitive intelligence	Vinod Kumar Singh	Patent	6/11/05	574	7.2/10
Abstract:	Patents are not new, their presence was noted long back during 16th Centaury. In U.S. at the Constitutional Convention of 1787, a federal patent power was proposed by James Madison and Charles Pinckney and was adopted without debate as Article 1, Sec. 8, clause 8. The history of Patent Law began all the way back with the Constitution of the United States which was specific about providing protection for those who invent new and unique products. But after the TRIPS, intellectual property rights and patents gained importance to the business communities and industries. The retrieval of the patent information was made easy by internet and access to different patent databases. Patent are the source of the technological innovation and detailed mining of patent literature is proven to be useful of the Completive Intelligence.
Keywords:	Mining patent, data, competitive intelligence, patents, IPR, search, vinod kumar singh
NEW AMENDMENTS TO PATENT LAW, INDIA	Sudhir Kumar Aswal	India	9/23/06	577	9.1/10
Abstract:	Recently Government of India has brought an amendment to change the whole structure of the patent law in India. This is a positive step in right direction whereby the Indian Patent office is made more accountable and to prosecute the application at teh earliest. At the same time, the time frame for complying with various directions of the Patent Office is increased considerably.However the major concern has not been addressed yet. Though the govt. brought an ordinance to bring the computer software imbeded in hardware and having industrial application into the defination of patentable inventions way back in April 2005 the same was not promogulated within the stipulated time frame.
Keywords:	amendments, patent rules, examination, compliance, india
Nanotechnology: The Smallest 'Big' Thing	Janaé Lehman Bell	Patent	3/26/05	376	6.8/10
Abstract:	Nanotechnology is expected to be big business. Those wanting to protect their investment in their nano-based inventions have been filing patents in droves and the applications are quite diverse. The United States Patent & Trademark Office (USPTO) has had to make some adjustments to facilitate the search and examination procedures of nanotechnology-related patents.
Keywords:	nanotechnology USPTO big business
Novelty killing publications!!!	Krishna Kumar Chavali	Patent	2/24/08	220	9/10
Abstract:	Now a days, we come across many publications which are novelty killing for many of our ideas. Particularly in pharmaceutical sector, though the molecule of our interest is not directly covered in the prior art, rather it comes within the scope of the prior art when we consider the definitions and substitutions mentioned in the description. This is really a concern for the inventors. This article is about the facts of such applications and suggests some solution for the same
Keywords:	Novelty
Offshorability of IP Processes	Valeria	India	8/1/04	396	7.6/10
Abstract:	A large part of IP related work is document intensive and involves laborious tasks. Hence significant amounts of IP work like Patent drafting, search, anlysis, prosecution and litigation support portend a good opportunity for offshoring. India with its vast talent pool of qualified professionals provide an excellent opportunity to tap into. IP Protection is a good area to get started.
Keywords:	Offshore, IP, India, Manthan
Outsourcing Intellectual Property related services	Pratibha Gupta	India	11/3/07	494	5.6/10
Abstract:	Over the past few years outsourcing of Legal/Paralegal/Techno-legal work overseas has increasingly become a popular global phenomenon. Foreign workers often command salaries a fraction of those earned by their United States counterparts. Countries like India and China form a very nice blend of labor pool consisting of technologists covering all realms of science and technology. The attractive prospects of overseas labor cost savings are especially present in patent preparation and prosecution work. Patent drafting can be expensive, with general counsels expecting to regularly pay $25,000 or more for drafting a patent application. Offshore professionals offer these services at less than $4000 per draft. The global legal services market stands at some $260bn, and about $160bn of it is in the US. Between 60% and 70% of this work can technically be offshored, and 70% of this offshorable work is likely to go to India.
Keywords:	Patent, Intellectual Property, Outsourcing, Offshoring, Models
PATENT INFRINGEMENT ANALYSIS	Punyatoya Patnaik	General Intellectual Property	11/3/07	598	8.4/10
Abstract:	In regards to various Industrial sector,protection of patent plays a significant role in generating innovation which ultimately helps in enhancing industrial productivity and profitability. Present article tries to give the general concept required in analysing a patent infringement.
Keywords:	claims,infringement,doctrine of equivalent
PATENTABILITY OF MICROORGANISMS	Sudhir Kumar Aswal	Patent	11/25/06	613	7.6/10
Abstract:	Inventions pertaining to Microorganisms and other Biological material were subjected to product patent in India unlike many developed countries. But with effect from 20.05.2003 India has started granted patents in respect of invention related to microorganisms though India was not obliged to introduce laws for patenting microorganisms per se before 31.12.2004.
Keywords:	Microorganisms, patents, biological material, sudhir kumar aswal, aswal associates, aswal
PCT FILING IN INDIA	Sudhir Kumar Aswal	Patent	11/25/06	416	8.1/10
Abstract:	All PCT Applications designating India are considered as Indian Patent Applications filed on the date of the International Application. The period for entering into national phase is 21 months if India is designated or 31 months if India is designated as well as elected; from the priority date. Following are the basic requirements for entry into National Phase in India: (i) Application setting out the title of the invention, names, addresses and Nationality of the inventors; applicants. (ii) Complete specification a filed before the International office with claims, drawings and abstract. (iii) Prescribed Fees in cash/by local cheque /by demand draft. (iv) Translation of International Application if the Application is not filed in English. Once the national processing has started, the following documents may be furnished:
Keywords:	PCT filing in India, National Phase Filing in India, PCT law In India
PCT FILING INDIA	SUDHIR KUMAR ASWAL	Patent	11/3/07	272	5.9/10
Abstract:	National Phase Entry of PCT Application: All PCT Applications designating India are considered as Indian Patent Applications filed on the date of the International Application. The period for entering into national phase is 31 months from the priority date.
Keywords:	PCT Filing, PCT filing India, ASWAL ASSOCIATES, sudhir kumar aswal, patent firm india, patents india
PIPRA Expedites Agricultural Innovation	Lila A. T. Akrad	Patent	3/22/05	182	6/10
Abstract:	In recent decades, agricultural research has experienced some fundamental changes. Traditionally, discoveries in the public research institutions and agricultural universities were seen as
Keywords:	biotechnology agriculture technology transfer
PUBLIC GOODS, PUBLIC DOMAIN AND PUBLIC INTEREST	ASHISH GOSAIN	India	2/25/06	356	4.3/10
Abstract:	In locating the centrepoint of the interesting debate on whether Life can be patented , the paper attempts to look at the epistemiological basis of any regulatory effort in terms of the concepts essential to the jurisprudential notions of property and scientific advances that allow us to “ manipulate” life. Moving with an understanding of the public domain as an area of cultural and social space that the Law intends creating and defining , we shall understand as to how the cornerstones of any legal system – public goods and public interest as organic concepts interact and formulate our notions on property in life and living organisms. More specifically as the new advances of functional genomics and biotechnology and transgenic plants move from the laboratory to the world , how moral and ethical concerns voiced on sociological platforms shape our thought patterns as societies at various stages of development becomes an interesting case in point. Coming from a developing country perspective where life is held sacred as opposed to subjects of commercial and scientific exploitation , the debate will include a detailed view of the ethical and moral issues perceived to be relevant to this debate will be brought out. In doing so a holistic roadmap for regulation governing moral and ethical issues governing intellectual property in life and living things. The paper modestly attempts this in view of the current regulatory efforts by way of National laws and treaty making systems and more pragmatically effectuated regulations relating to this public domain and it’s ethical counterparts in public goods versus common good and public interest by delving into the thought process behind them .
Keywords:
Part Licensing of Patents	Jayant Kumar	Patent	3/1/06	478	8/10
Abstract:	Many emerging growth companies face patent licensing issues. In particular, new life science companies usually require the
Keywords:	Assignment, Equivalence, License, Part License, Property,
Patent Insurance: Teflon Coating on Armour?	M. Qaiser & P. Mohan Chandran	Patent	2/25/06	289	8.5/10
Abstract:	This article enlightens the need for patent insurance and advocates every company to have an patent insurance cover for their inventions/innovations. Patent Insurance will prevent small companies from financial burdens associated with litigations costs, while big companies with patent insurance cover need not invest their huge profits in fighting lawsuits.Patent Insurance acts as a Teflon coating on Armour. The next logical step after getting an invention patented is to opt for Patent Insurance.
Keywords:	patent, insurance, infringement, liability, defense, intellectual property, risk, indemnify
Patent Terrorism - Terror of the Intangibles	M. Qaiser & P. Mohan Chandran	Patent	9/23/06	294	7.6/10
Abstract:	The article describes how patent trolls are speaading terror among companies across the world. The emergence of Patent trolls and ways to handle them are detailed in the article.
Keywords:	patent troll, patent terrorism, patent, intellectual property, intel, intergraph, texas,intangible
Patent search: Sixth Sense?	Premraj Rajagopal	General Intellectual Property	9/23/06	296	6/10
Abstract:	Patents are not only technical digests; but also a scale to measure the technological peak; economical elevators. Under the purview of patents law, the word “search” has got plethora of meanings. It drives you to any of the acquainted destinations such as “same”, “exact”, “similar”, “closely related’, “pertinent”, “relevant”, “match”, “nearly equal” and so on. However, each of the ‘above said’ terminologies reflect its vibrant effect while deciding a patent to be granted or not. If a patent search (hereinafter, search) hasn’t reveal the required information and consider once the patent application has been published, pre & post grant phase might become challenging; sometimes crucial.
Keywords:	Patents, IPR, Patent search, drafting, patentability, infringement
Patent-Holder Deserves Monopolistic Rights	M. Qaiser & P. Mohan Chandran	Patent	3/1/06	256	8.5/10
Abstract:	This article disputes the views of certain developed nations that argue that the patent-holder should donate the patents to other less developed and poor countries and forgo his patent rights on the invention in national interest. Further, the article reaffirms that the patent-holder 'must' be given the monopolistic patent rights which will promote innovation and creativity. This article strongly considers patents and patent rights as a 'sine qua non' to innovation.
Keywords:	patent, intellectual property, monopoly rights, pharmaceutical, R&D, research, licensing, drugs
Patenting Nanotechnology in India	Prof. Sanjay Pandey	General Intellectual Property	8/29/05	737	4.7/10
Abstract:	In certain cases the novelty requirement may not be as hard to achieve as the inventiveness requirement. To establish novelty, size considerations may be enough to distinguish the technology from the prior art. However non-obviousness can be more problematic. Nanotechnology patenting needs a thorough examination of such facts, which makes this area of scientific endeavour more complex from legal point of view.
Keywords:	nano-material, patents, India
Patenting of Skin as a Technology Component	Jayant Kumar	Patent	4/5/06	192	6.8/10
Abstract:	With the progressive development of Intellectual Property Rights regime, countless inventions are embarking into the market due to which market doesn’t gets surprised to them now. But few months back, Microsoft left the mouth and eyes of people open with surprise by getting patent no. 67,54,472 granted. The patent was titled as Method and Apparatus for Transmitting Power and Data Using the Human Body. The article tries to research on the patent granted to Microsoft from not only legal perspective but also from technological perspective. To see that whether the technology is only adventurous or really feasible is another feature of the article.
Keywords:	BNA, Skin, Microsoft, Technology
Patents for Computer-Related Inventions in India	A. B. Rajasekaran	India	4/24/05	774	7.5/10
Abstract:	India which amended its Patent Act 1970 recently, through an ordinance, to bring it in line with TRIPS agreement would not have helped the Indian software industry in anyway and would have only paved the way for the foreign companies to block the technology by playing with the words.
Keywords:	patent, computer, India
Patents: A tool for Innovation	Vinod Kumar Singh	Patent	7/1/05	617	3.2/10
Abstract:	Patents are the largest source of technological information. Patent are given to the inventor as a reward for its innovation in the form of the exclusive right of the monopoly for a period of 20 years from the priority date of the invention. Due to advancement in the IT sector and internet, now these valuable documents are in the reach of the general public. Any person skilled in the art can go through various patent databases and after a search can get the patent document of their need. There are different patent databases viz, USPTO, EPO, JPO, etc freely open for the public access. If we go through the patents related to a specific technological area, we will be able to find the lots of information about the life cycle of the technological innovation viz.: • evolutionary path of a specific technology, • technological development • technological diversification • technology merges • major players in specific technological area, • key points of the specific technology Patent analysis can reveals very valuable informations, which is not available anywhere. After patent search the crucial part is the patent analysis, and one have to be very concise about their objective of the study. The information in the patent documents can be utilized in different form according to the need and mapped accordingly to get the picture of the entire analysis in snapshots. Patent data can be used for the preparation of technological landscapes. Logistic mathematics and circle mathematics can be very useful in the plotting of the technological landscape. It can reveal the evolutionary trend of a technology, how it is evolved from a basic technology, along with the period of the technological diversification and its nature. These maps will also gives the detailed overview of the merging of the different technologies to give rise to break-through technologies. These types of maps will be very useful for the R&D personals to evaluate the position of their research and technology, and also they will find way to more innovate more advanced and valuable technology. Mere subject specialization is not enough for this, but analytical thinking and innovations are very essential. Today lots of software resources are available for mapping the patent data, but almost all are confined to bibliographic informations. The machine work cannot be compared with that of human intelligence. That’s why today lots of KPO firm are looking for the right individual and there is a huge demand today, which will certainly increase in the near future.
Keywords:	patent, technology, technological map, technology mapping, vinod kumar singh, vinod, innovation
Pharmaceutical Industry and the Changing Patent Regime	Gunjan Paharia	India	10/17/04	1109	6.9/10
Abstract:	Since the WTO undertaking, the pharmaceutical sector has undergone several policy as well as attitude changes. Some of these have been brought about through legislative action, such as the 2000 and 2001Union Budget proposals.
Keywords:
Priority Claim Differences between China and the US	Ruay L. Ho	Patent	11/3/07	172	5.3/10
Abstract:	Priority claim under Chinese patent system is different from that under the US system, which can cause many problems and burden examiners' work load. There are some posssible sulutions, but none is for sure.
Keywords:	patent application prosecution priority claim
Provisional Patent Applications: Fact versus Myth	Mark D. Hansing	Patent	3/26/05	830	10/10
Abstract:	Not long ago, a new type of patent application was allowed in the United States. Borrowed from European patent practice, it was touted as a cheaper, quicker way to get to “patent pending” status. Called a “provisional patent application”, it dispensed with some of the formalities and requirements of regular patent applications. But you want to get the full story before determining if a provisional application is right for your invention.
Keywords:	provisional patent applications
Purpose for Patenting Business Methods	John D. Goodhue	Patent	10/16/04	1443	9/10
Abstract:	Business method patents are here to stay. However, sophisticated businesses with numerous in-house attorneys have yet to understand the risks created by business method patents. The finance and insurance industries are particularly behind the times in their lack of appreciation of how business method patents affect them. So are information technology departments, sales and marketing departments of companies in almost every industry.
Keywords:	business method patent risk management intellectual property portfolio
ROLE OF PATENT LITERATURE AND PATENT SEARCHING ON TECHNOLOGY DEVELOPMENT	Tanuj Kumar Joshi	Patent	9/23/06	1016	9.1/10
Abstract:	The purpose of the present article is to provide the fundamentals information about the patent and their role in technology development. The project also discloses the patent searching techniques which, now a days, frequently used to identify the IP benefits for the industrial and scientific innovations. The present project deals with the utilization of following points focused on the role of patent and searching techniques in the preference of Technology development scenarios. • Brief overview on Patent literature • Role of patent in advancement of technology development.. • Review on basic and typical patent searching • Most frequently used Patent databases and their uses to help Inventors / industrial mangers
Keywords:	patent, searching, databases, technology development
Review Article: Product Patent and its impact in India.	Ajay Kumar	General Intellectual Property	1/15/07	361	9/10
Abstract:	The present article evaluates research and studies done in the field of “Effect of TRIPS compliant patent act in the availability and affordability of medicine in India”. It is a review work of the researches done in this field revealing different views and opinions. The aim of the article is to understand the subject matter in the light of views and conclusions drawn by different scholars.
Keywords:	TRIPS, Patent, Medicine
Rights protected under Patent, Trademarks, Trade Secrets, and Plant Breede	Vijay K. Gupta	General Intellectual Property	11/3/07	350	7.6/10
Abstract:	Patents can cover new products, processes for creating these new products, and new processes for creating existing products. Trade secrets can cover information of a business or technical nature that have commercial value and secrete processes like mixtures of ingredients, recipes and knowhows. The protection applies to new plant varieties satisfying the criteria of distinctiveness, uniformity and stability. Trademarks protects a sign, logo, firm name, brand name, symbol, etc.
Keywords:	Rights, Patent, Trademarks, Plant varieties, Trade Secretes
Sasken 007: Licensed to Make A Killing!	M. Qaiser & P. Mohan Chandran	Patent	5/22/06	334	9/10
Abstract:	The article focuses on how Sasken became a global leader (world No.3) by focusing on its Intellectual Property portfolio. Sasken's revenues through Intellectual Property licensing were, on an average, about 55 percent of its total revenues. Sasken's product licensing revenues contributed 43 percent to its total revenues in 2001, and 47 percent in 2002. In 2005, Sasken earned Rs.186 million as royalties and licensing revenues from its intellectual property.
Keywords:	Sasken, licensing, intellectual property, patent, Internet Protocol, telecom, GSM, GPRS, 3G, R&D,
Software Patents - EU Aspect	Adi Naveen Kumar Yadav	Patent	11/3/07	123	6/10
Abstract:	Certainly, EU can adopt US and Japan style of software patenting. Nevertheless, an EU directive shall satisfy the arguments against software patenting and gain confidence of majority of EU Parliament. EU Commission’s next directive shall have clarity towards software patenting. In particular, a directive should satisfy the anti-software-patenting-wave (7 factors) and also clarify the term ‘technicality’. The directive must also lay high side for SMEs and individual programmers, who are the crucial providers of path-breaking innovation in EU. An EU directive with clarity will not only enforce software patents, but also harmonise the divergent practices of member states. By adopting software patenting system EU will withstand global competition. With EU, US and Japan following the software patenting system will bring global harmonisation.
Keywords:	Software Patents, Computer Program, Patents
Software Patents Workability In India	Sudhir Kumar Aswal	Patent	9/23/06	959	7/10
Abstract:	Software Patent laws in India are still in developing phase. Indian Govt. recognises it only as a literary work and grants copyright prosecution. Though in April 2005 there was a propsle to include the software patents imbedded in hardwares to be patentable but under protest from the software assoiciation in India the same law was not enacted. Still there is way to come out of this situation that is to draft specification in such a manner that invention appears to be of a generic hardware.
Keywords:	software, patents, hardware, computer
Software Patents	Adi Naveen Kumar Yadav	Patent	11/3/07	195	Rate It!
Abstract:	Certainly, EU can adopt US and Japan style of software patenting. Nevertheless, an EU directive shall satisfy the arguments against software patenting and gain confidence of majority of EU Parliament. EU Commission’s next directive shall have clarity towards software patenting. In particular, a directive should satisfy the anti-software-patenting-wave (7 factors) and also clarify the term ‘technicality’. The directive must also lay high side for SMEs and individual programmers, who are the crucial providers of path-breaking innovation in EU. An EU directive with clarity will not only enforce software patents, but also harmonise the divergent practices of member states. By adopting software patenting system EU will withstand global competition. With EU, US and Japan following the software patenting system will bring global harmonisation.
Keywords:	Software Patents, Computer Programs & Patents
Synopsis of Intellectual property Rights	Leigh Ellis	General Intellectual Property	11/3/07	246	3/10
Abstract:	An overview of patent law, copyright, designs law, confidential information and trade mark law in the UK.
Keywords:	intellectual property copyright trade mark law firm design
THE CHANGING FACE OF IP- PATENTS©	Gautam Bakshi and Ashu Gautm Bakshi	General Intellectual Property	11/25/06	440	8.1/10
Abstract:	With the globalization of economies the world over and the stiff techno-commercial competition, the need of fencing around one’s Intellectual Property (IP) is ever-increasing. Intellectual property covers the intellectual creations of human mind and is protected by Patents, Layout Designs, Industrial Designs, Trademarks, Geographical Indications and Protection against Unfair Competition.
Keywords:	WIPO, PATENTS
TRIPS & Indian patent law:Emerging legal issues	Dr.Mohammad Hussain	Patent	11/3/07	449	7/10
Abstract:	The concept of global village has changed the meaning of the terms like
Keywords:
TRIPS Flexibilities: Tools for Indian Pharma in the product patent regime	Ajay Kumar	India	11/25/06	526	9.8/10
Abstract:	In the TRIPS compliant product patent regime in India, issues related to drug price, availability of drugs,and possible dominance of MNCs over the domestic pharma companies are of major concerns.India needs a balanced approach in terms of policy implementation,so that along with providing intellectual property protection as per TRIPS requirement,the sustained growth of its domestic pharma industry don't get hampered.TRIPS flexibilities provides a solution for this which India need to properly use and implement as per its requirement.
Keywords:	TRIPS Flexibilities, Patent, WTO, Indian Pharma
TRIPS – Promoter of Innovation or Illusion?	Justin Charles Ward	General Intellectual Property	10/23/04	569	8.3/10
Abstract:	This paper discusses, inter alia, the provisions of TRIPS , its progeny and its underlying market and economic underpinnings, intended and actual. One conclusion that may be reached upon examination of the relevant data is that, despite its great promise as a promoter of innovation through its much touted “universalization” of IP rights, TRIPS may very well result in a trip of a different sort for the patent owner and for the innovator. Indeed, the patent coverage guaranteed by TRIPS’ major provisions might well be rendered entirely or substantially ineffective by preemptory provisions for “mandatory licensing,” and particularly where trans-shipping of imported pharmaceuticals into a non-producing country cannot be materially prevented, either legally or practically. Accordingly, the utilization of free-market and free-trade approaches to TRIPS and related international agreements, and relevant modifications thereto, is advocated
Keywords:	TRIPS, compulsory licensing, mandatory licensing, intellectual property, patents,
The Development of Digital Rights Management	Robert A. Hodgson	Copyright	3/26/05	545	6.6/10
Abstract:	Historically, it has been relatively easy for copyright owners to protect their works from unwanted and unauthorized copying. The cost and difficulty associated with illegal copying was simply too high to allow any such copying to be widespread. However, the appearance of personal computers, and especially the Internet, has lessened the security copyright holders once had against acts of infringement. Due to increasingly efficient technology, such as CD writers and faster, better internet connections, it has become both inexpensive and easy to copy and distribute digital files across the Internet or from hard drive to hard drive.
Keywords:	copyright digital rights infringement
The Doctrine of Equivalents: A Matter of Chance and Confusion	Kirk M. Hartung	General Intellectual Property	1/3/05	1288	8.5/10
Abstract:	It has been over 150 years since the Supreme Court first set forth the basis for the doctrine of equivalents. Despite this long history, the doctrine is still misunderstood and misapplied. More importantly, the doctrine of equivalents is precluded by estoppel if there was a narrowing amendment made for purposes related to patentability, such as avoidance of prior art. Under this application, the doctrine of equivalents is purely a matter of chance, depending on whether the patent drafter or the Patent and Trademark Office examiner happens to find the best prior art before the patent issues. Such fortuitousness leaves little guidance for the patentee or the patent attorney. A simple return to the basic premise for the doctrine will reduce, or perhaps eliminate, some difficulties which exist with the doctrine today. However, many unanswered questions remain regarding estoppel and equivalents.
Keywords:	doctrine equivalents estoppel amendments Supreme Court
The European Union and Copyright - An Analysis	S. Nahar	Copyright	2/24/08	315	10/10
Abstract:	The term ‘intellectual property’ became common in the 1960s with the setting up of WIPO (World Intellectual Property Organization). However, this is not to imply that the concept of Intellectual Property did not exist before this. In fact, there are a number of theories (such as the Labor Theory by Locke and the Personality Theory propounded by Emmanual Kant and Hegel) which have been used to explain intellectual property and sufficient state practice exists to determine concretely that this concept of granting rights over inventions, aesthetic works and brands is not exactly new. There are certain intellectual property rights which require registration to formally be recognised as rights attributable to the authors. Examples of these would be patents, trademarks etc. However Copyright is one of those, which do not require any formalities. It comes into existence when a work is fixated or recorded in any permanent way. A fundamental question can be posed as regards copyrights: What would be the way to determine in case of different jurisdictions which law and the copyright of which author is to be given protection. The TEU contains a number of provisions, which are directly and indirectly related to the concept of Intellectual property protection. Articles 30 – 36 are related to the elimination of quantitative restrictions on trade between member states to accomplish the free movement of goods. This in itself poses an irreconcilable conflict when it comes to intellectual property rights. The exercise of an intellectual property right that causes market partitioning will be upheld only insofar as the ‘specific subject matter’ of the right is being protected. Article 86 of the TEU also applies to prevent the abuse of dominant position. There is a somewhat novel provision in European Law regarding intellectual property which has attracted considerable criticism as well. This is the concept of exhaustion of rights. Normally, a right-holder possesses an exclusive right over the property in its own area together with the proprietary right over the use of the product in other areas. However, thinking that such a rule would have a potential effect of dividing the Community into a number of self-contained areas the above concept was devised. Here if the right is sought to be extended to other states then it must also face the wider competition of the other states. In this article, the researcher seeks to examine the above-mentioned provisions of the European Union as regards copyright
Keywords:	copyright, European Union, copyright licensing
The National Phase application in Vietnam	Nguyen Duc Thang	Patent	11/3/07	204	10/10
Abstract:	listing some important items relating the Vietnamese stage of the PCT applications.
Keywords:	intellectual, patent, property, patent, attorney
Trademark Searches as Risk Management	Christine Lebron-Dykeman	Trademark	3/26/05	500	10/10
Abstract:	The value of your company's trademarks will dramatically appreciate through successful use. And, unlike copyrights and patents that eventually expire, trademark rights can last indefinitely if the mark continues to perform a source-indicating function. Because trademarks are an appreciating asset with a potentially perpetual life, it is important to choose them carefully.
Keywords:	trademark value company assets
Trademarks Law in India	Sudhir Kumar Aswal	Trademark	11/3/07	255	5.1/10
Abstract:	Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrdid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India.
Keywords:	Trademarks, laws, India
Understanding Prior Art	AJAY KUMAR	Patent	1/15/07	623	7.3/10
Abstract:	In Intellectual Property Management, it is essential to perform an extensive prior art search,which will help to establish novelty while filing patent application, to oppose granted patent, to safeguard from ingrigement and to avoid litigation issue. Present article tries to understand prior art in different countries, its importance, and methodolgy employed for prior art search.
Keywords:	Prior Art, Novelty, Patent
Valuation of Patents: A Primer	Rajasekaran A B	India	8/9/04	1867	7.5/10
Abstract:	One of the major problems facing the knowledge economy is the valuation of its core assets; the knowledge or intellectual assets including intellectual property. Value is the worth or the economic benefit that accrues to the owner of that asset. Valuation of any of these assets is essential for financial reporting, mergers and acquisitions, licensing, investment, assignment, infringement damages etc. Valuation of each of these intellectual assets poses a problem unique to itself. Since a majority of the patents are worthless in the real sense of the term it becomes essential to evaluate a patented invention to proceed further. A number of methods are available to value patents which are analysed here.
Keywords:	Patent, Valuation
Void Employment Agreements by Outsourcing Companies in India	Vinod Kumar Singh	Other Intellectual Property	11/3/07	163	5.6/10
Abstract:	The globalization of knowledge and proven potential of Indian people lead to the emerging outsourcing business. Almost every contract of employment in India contains a non-objective privacy and confidentiality clause, and is widely recognized as one of the important clauses in the employment contract. However in India it is generally restricted to the period during the subsistence of services, and any restriction beyond that has been recognized as unreasonable restriction by Indian Courts. This aspect of contract employment is governed and regulated by Section 27 of the Indian Contract Act, 1872 which provides that every agreement by which one is restrained from exercising a lawful profession, trade or business of any kind is to that extent void.
Keywords:	employment, contract, outsourcing, India, Vinod, confidentiality, restrict
What Is Intellectual Property: Part 1 Patents	Judith Silver	Patent	7/26/04	2245	10/10
Abstract:	Patent law overview, including pluses and minuses to obtaining a patent. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	patent, patent law
What are Consumers Rights to Copy Music and Movies?	Vincent S. Egolf	Copyright	3/26/05	908	7.5/10
Abstract:	One of today’s hottest intellectual property topics is the copying and on-line distribution of music and movies. Using a personal computer, an individual can now easily trade music files over the internet, create personalized compact disks from their downloaded music files, and create back-up copies of the movies in a digital video disk (DVD) collection. Unfortunately, each of these activities violates federal copyright law.
Keywords:	copyright movies music RIAA infringement
What are Trademarks and Why You Need to Take Them Seriously	Michael N. Cohen, Esq.	Trademark	1/15/07	715	8.6/10
Abstract:	Trademark application, trademark search, trademark litigation, cease and desist? What does it all mean? This article explains when to do a trademark search and why.
Keywords:	trademark, lawyer, attorney, los angeles, application, patents, trademark search
What is Indian Pharma's Next Move?	M. Qaiser & P. Mohan Chandran	India	3/15/06	471	5.5/10
Abstract:	The article describes how Indian pharma companies would receive the change in patent regime from
Keywords:	Indian pharma, patent, process patent, reverse engineering, drugs, intellectual property, R&D
Who Moved My 'Apple?'	M. Qaiser & P. Mohan Chandran	Patent	5/9/06	286	7.5/10
Abstract:	The article elucidates on how Apple Computers made the shift from personal computers to iPod through its constant innovation and R&D. Apple caught the market and industry analysts unawares by its unpredictable innovation-based business strategy, which has kept the company going in the face of severe competition from Microsoft and other companies.
Keywords:	Apple, computers, iMac, iPod, nano, Steve Jobs, iTune, Mcintosh, eMac, notebook, innovation, R&D,
Why a Patent Claims ?	Tapan Brahma	Patent	11/3/07	354	5.4/10
Abstract:	A factor which may affect the interpretation of patent claims is prior judicial definition of terms or expression appearing in the claims. It may be noted that legal protection is awarded only to what is included in the claims and the matter not included, is open to public for creating new inventions. Patent claims, unless limited by patent office proceedings or by prior art, or by judicial determination, are to be construed literally.
Keywords:	Patent Patents Claims Claim
Why do we nead IP?	Abhishek Joshi	General Intellectual Property	2/25/06	501	4/10
Abstract:	There are academecians who say we dont nead ip and ther are academecians who say ip is must.As far as lay man is concerned who dont know about ip other than it has something to do with patent which has something to do with ip. What about them this is paper for common man showing significance of ip.
Keywords:	I.P.R.+Abhishek+Common man
Works Made for Hire: Who Owns the Copyright?	Jeffrey D. Harty	Copyright	3/26/05	1373	9.7/10
Abstract:	The copyright laws protect original works of authorship, such as books, movies, sound recordings and computer programs. The question of whether a copyright exists to protect a particular work from unauthorized copying is easily answered. Often a more difficult issue is determining who actually owns the copyright.
Keywords:	author writer publisher
human cloning	anupam siddharth	Patent	12/11/05	276	7/10
Abstract:	In July 1996, a sheep named Dolly was born in Scotland. What makes Dolly’s birth noteworthy is that she is the result of the first successful cloning attempt using the nucleus of an adult cell. The technique of Dolly’s birth involved transferring the nucleus of a mammary cell from an adult sheep to the enucleated egg cell of an unrelated sheep which gestation occurring in the third sheep. The possibility of applying this technique to human reproduction raised concerns worldwide with several countries moving for immediate ban on human cloning.
Keywords:
income approach of intellectual property valuation	Deepak Sharma	General Intellectual Property	11/3/07	395	10/10
Abstract:	The income approach attempts to calculate the present value of the projected future income flow arising from the subject IP (patent) during its economic life. The Income Approach utilizes the ability of the intellectual property to generate cash flow. The Income Approach is generally applicable to most situations and intangible assets. This approach is based on discounted cash flow theory and defines the value of the subject property as the present value of the anticipated net economic benefits to be achieved over the duration of the property’s useful life. When using the Income Approach to value intellectual property, future income or cash flow related to the business, business segment or product line under consideration is estimated. The forecasted cash flow is then discounted via present value calculations to determine the current value of the operation. At this point, it is necessary to ascertain the portion of this value that is attributable to the intellectual property.
Keywords:	income approach, intellectual property, valuation, IP, IPR

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