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| Title | Author | Category | Date Added | dl# | Rating |
| A NEW PARADIGM – 4 STEPS TO DEFENDING PATENT | Michael A. Shimokaji | Patent | 5/1/06 | 874 | 3/10 |
| 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 | 386 | 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 | 204 | 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: | |||||
| Calculating Damages Payments and Accounts of Profits in Patent Cases | Leigh Ellis | Patent | 11/3/07 | 681 | 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 | 306 | 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 | 525 | 7.7/10 |
| 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, | ||||
| Contributory Patent Infringement | Manoj Pandey | Patent | 1/15/07 | 894 | 5.3/10 |
| 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 | ||||
| Dependent Claims usually broaden Patent Rights | Reshma Khan Goaran | Patent | 11/3/07 | 285 | 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 | ||||
| Disclosing Commercial Incentive in Patent Specification | Abhilasha Kumbhat | Patent | 2/25/06 | 289 | 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 | 607 | 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 | 205 | 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 | 300 | 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 | 652 | 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 | ||||
| Global Search for Software Patents: Is Google on eBay’s auction? | M. Qaiser & P. Mohan Chandran | Patent | 4/5/06 | 369 | 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 | 1147 | 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 | ||||
| IP competitive intelligence: What is my competitor really up to? | Navtej Saluja and Balwant Rawat | Patent | 11/3/07 | 552 | 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 | ||||
| India - Product Patents & Potential Patent Litigations | Manoj Pillai | Patent | 12/27/04 | 1299 | 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 | 462 | 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 | 294 | 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 | 1081 | 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 | 2918 | 9.3/10 |
| 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 | ||||
| Major Changes After Amendment of Rules, 2006 | Sanjay Patel | Patent | 11/3/07 | 108 | 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 | 601 | 6.1/10 |
| 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 | ||||
| Nanotechnology: The Smallest 'Big' Thing | Janaé Lehman Bell | Patent | 3/26/05 | 398 | 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 | 270 | 5/10 |
| 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 | ||||
| PATENTABILITY OF MICROORGANISMS | Sudhir Kumar Aswal | Patent | 11/25/06 | 711 | 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 | 468 | 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 | 327 | 6/10 |
| 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 | 188 | 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 | ||||
| Part Licensing of Patents | Jayant Kumar | Patent | 3/1/06 | 497 | 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 | 316 | 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 | 309 | 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-Holder Deserves Monopolistic Rights | M. Qaiser & P. Mohan Chandran | Patent | 3/1/06 | 268 | 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 of Skin as a Technology Component | Jayant Kumar | Patent | 4/5/06 | 202 | 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: A tool for Innovation | Vinod Kumar Singh | Patent | 7/1/05 | 667 | 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 | ||||
| Priority Claim Differences between China and the US | Ruay L. Ho | Patent | 11/3/07 | 191 | 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 | 875 | 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 | 1509 | 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 | 1097 | 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 | ||||
| Sasken 007: Licensed to Make A Killing! | M. Qaiser & P. Mohan Chandran | Patent | 5/22/06 | 345 | 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 | 151 | 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 | 1046 | 7.2/10 |
| 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 | 226 | 7/10 |
| 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 Programs & Patents | ||||
| TRIPS & Indian patent law:Emerging legal issues | Dr.Mohammad Hussain | Patent | 11/3/07 | 546 | 7/10 |
| Abstract: | The concept of global village has changed the meaning of the terms like | ||||
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| The National Phase application in Vietnam | Nguyen Duc Thang | Patent | 11/3/07 | 241 | 10/10 |
| Abstract: | listing some important items relating the Vietnamese stage of the PCT applications. | ||||
| Keywords: | intellectual, patent, property, patent, attorney | ||||
| Understanding Prior Art | AJAY KUMAR | Patent | 1/15/07 | 663 | 7.5/10 |
| 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 | ||||
| What Is Intellectual Property: Part 1 Patents | Judith Silver | Patent | 7/26/04 | 2390 | 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 | ||||
| Who Moved My 'Apple?' | M. Qaiser & P. Mohan Chandran | Patent | 5/9/06 | 300 | 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 | 418 | 5.3/10 |
| 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 | ||||
| human cloning | anupam siddharth | Patent | 12/11/05 | 299 | 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. | ||||
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