The structure of patent application claims in the PCT application for Europe sometimes requires strict adherence to the rules. The EPO is strict towards having the requirement of unity of inventions and also with the conciseness of independent claims. These issues are often faced by various applicants who enter th...Read More
In the recent celebrated case of Google vs. Oracle, the US Supreme Court found Google’s use of Java Application programming interface (API packages) a fair use. In 2018, the Federal Circuit ruled in favor of Oracle, to which Google appealed to this decision in the Supreme Court in 2019. The Court agreed in 2019 to consider questions such as the copyright protection to the software interface and Google use of so...Read More
With the increase in the importance of patents across the world, design patents are the next stop destination for various multinational companies around the world. We have seen the series of engagements of Apple and Samsung in their patent war, across various courts in the world. A fact that remains on the paper is the reliance of Apple on design patent to prevail over Samsung. This gives the impetus for effective usage of d...Read More
Intellectual property plays a significant role in increasing the stake of the company. Previously, it was assumed that only tangible assets hold the major proportion of the company’s valuation but this was changed gradually. Now the intangible assets have a major stake in the company’s valuation. These importances of the intangible assets which are intellectual property have increased the need for its effective...Read More
For a patent governing the technological standards for which there are no such infringing alternatives, that patent comes under the ambit of Standard Essential Patents (SEP). These standards are reached through the consensus for setting up the ‘Common technology standard’ supported by the Standard Setting Organisation (SSO). The difficulty comes up with the perceived ‘standard’ that a patent b...Read More
The Patent Act 1977, specifies that the patent will be infringed if it is granted and in force and without consent. Section 60 states that the subject to the provisions of this section, a person infringes a patent for an invention if, but only if, while the patent is in force, he does any of the following things in the United Kingdom concerning the invention without the consent of the proprietor of the patent, such things consist of using or...Read More
In view of the UK's exit (Brexit) from the European Union (EU), the transition period ends on December 31st, 2020 and the UK becomes an independent territory of the EU since January 1st, 2021. The Brexit transition period ended on 31 December 2020 has marked United Kingdom (UK) way out from the European Union. The effects will be determined by the EU-UK Trade and Cooperation Agreement signed an...Read More
Even though it might seem uncanny, the law is a business. And, clients are integral for any business, including law practice. Lawyer’s business also runs with the clients and to retain the clients, and it is integral to increase the client experience.
As a lawyer, you must be able to differentiate yourself from the competitors. Client servicing is one of the areas where you can stand out. It will ensure good word-of-mouth mar...Read More
The knowledge economy demands more inventive ideas and concepts to improve the existing features of the product or to build new products. With globalization, the business must develop such an idea or concept that solves a technical problem in an unexpectedly new or better way. If it is making it, then it is highly imperative to take adequate and timely steps to protect its creative idea, concept, or knowledge by converting it into a proprietary ...Read More
With one of the largest economies in the world and the top ten trading nations, Canada is a highly globalized country in the world. With a strong financial system and a technology developed country with an approximate GDP worth trillions of dollars, Canada is the next stop destination for the inventors seeking protection for their invention. This technologically advanced nation depends on the patent system for scientific adv...Read More
Last year China adopted the Fourth Amendment to the China Patent Law bringing some of the changes to the said law. The Fourth Amendment of the Chinese Patent Law (CPL) has been approved by China's National People's Congress on October 17, 2020, which will take effect on June 01, 2021. After the ...Read More
Intellectual Property Appellate Board (IPAB) in its order, OA/12/2020/PT/CHN dated February 1st, 2021, held that “What is not claimed is disclaimed” and directed the Controller of Patents & Designs, Guindy to grant the patent application no. 4931/CHENP/2012 on the amended set of claims within 3 weeks from the date of filing the amended set of claims against the Controller’s...Read More
The patent claim should always be directed towards the actual advances being made in the invention for which the patent is sought for. The drafting of the patent must be done in a way, which points out the subject matter. 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, a second paragraph requires that a patent application specification shall co...Read More
Patent Claims are the most important part of the patent specification. Why it becomes an important part is because it defines the invention. In other words, the patent claims define what the invention claims, thereby creating a boundary. Defining the boundary of the invention, the patent claims purportedly suggest the extent of the protection being conferred by the gra...Read More
The decision of the Controller of Patent to revoke Novartis’ patent on the anti-cancer drug Ceritinib, was quashed by the Intellectual Property Appellate Board (IPAB). This decision examines several issues concerning the novelty and obviousness, the extent of coverage and disclosure, and timelines for filing the evidence. The IPAB while quashing the decision held that despite not being disclosed, the compound was contained in the bro...Read More