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Patent

Software related inventions are not always “computer programs per se”: Lessons from the Allani case by the Indian Intellectual Property Appellate Board

December 21, 2020 admin 0

This is our guest post first published in the bulletin of Germany’s leading IP firm, Boehmert & Boehmert. Please click here to read the post. […]

Why importation of my patented product was not stopped by the Customs in India?

November 26, 2020 admin 0

Flaunter: After successfully fighting the trademark and copyright issues with the help of the IP Press, I wish to seek their guidance on another issue […]

Why the German Patent Law on Preliminary Injunctions vis-à-vis Standard Essential Patents warrants a revisit.

November 20, 2020 Yashwant Prasad 0

Germany is perceived by IP practitioners as a jurisdiction sought after for adjudicating pathbreaking patent lawsuits. This, in particular, is true for those involving Standard […]

Patents (Amendment) Rules, 2020

October 24, 2020 Tanya Sharma 0

The Draft Patents (Amendment) Rules, 2019 notified on 31st May 2019 has now come into force with effect from 19th October 2020. The Rules known […]

Whether to patent the vaccine or to protect it as a trade secret?

October 23, 2020 Gaurav Mishra 0

Mr. Noisy has a start up named M/s Susan Private Ltd. based out of Bangalore and the strart up is involved in medical innovation in […]

SISVEL International S.A.. v. Haier Deutschland GmbH, BGH, 05 May 2020 – KZR 36/17

October 8, 2020 Ysabelle Chan 0

Sisvel v Haier, is the first post-Huawei/ZTE ruling in Germany which tackles the issue of Standard Essential Patent (“SEP”) and fair, reasonable, and non-discriminatory (“FRAND”) […]

Prior user right in patent law

October 6, 2020 Krishnam Goyal 10

No! Don’t confuse the title of this post “rights of a prior user” with the “prior user” of the Indian trademark law. Here we are […]

Global ‘FRAND’liness (license) over a standardized technology: is it a reality?

September 17, 2020 Krishnam Goyal 0

The German court (Mannheim) recently allowed an injunction in favor of Nokia to prevent Daimler from the unauthorized use of their SEP in Germany. The […]

Patenting in space: what we already know and moving forward from there

September 8, 2020 Pragya Sharma 0

Carl Cristo’s, “Science soars like an eagle however law drags on like a turtle” somehow describes the current state of space invention patenting. It’s a […]

Role of intellectual property in tackling the climate change issues

September 5, 2020 Tanya Sharma 0

“The time is not past when humankind thought it could selfishly draw on exhaustible resources. We know how the world is not a commodity”. Francois […]

Nokia V Daimler: Another SEP litigation to discuss!!!

August 28, 2020 Krishnam Goyal 2

After writing an introductory post on SEP licensing and discussing the steps of SEP licensing negotiation in view of the German case Haier v. Sisvel, […]

Why a utility model law is needed in India now more than ever!

August 25, 2020 Gaurav Mishra 0

Utility models are referred to by many names such as petty patents, minor patents, short-term inventions and innovation patents among others. Utility models are not […]

Inventions by AI machines fighting for recognition: The return of DABUS

August 18, 2020 Vidushi Bhardwaj 1

Last year, the EPO made a loud noise by rejecting a patent application over an invention produced by an AI machine named DABUS. The legal […]

Emojis as intellectual property right: registering speech formats

August 6, 2020 Tanya Choudhary 0

“The English Language cannot fully capture the depth and complexity of my thoughts so I’m incorporating emoji into my speech to better express myself, Winky-face” […]

Patent Versus Trade Secret Conundrum

July 22, 2020 Namrata Dubey 2

IntroductionInventors often face difficulty while choosing a protection regime for their inventions which simultaneously ensures a competitive edge. The two equally confusing options fulfilling this […]

Basics of SEP in light of the recent German court’s decision

July 17, 2020 Krishnam Goyal 3

I have earlier researched, discussed and talked about Standard Essential Patents (SEP), however, I have never penned down my thoughts on this topic until now! […]

Using IPR as collateral: Business Continuity in Post-Covid Landscape

July 14, 2020 Amartya Shrivastava 36

I. Introduction:The COVID-19 pandemic has thrown open dilemmatic questions to various business houses quizzing them about their survival, expansion plans and business continuity. The pandemic […]

Can the “Method of preparation” introduced by the US Courts become an exception to Section 3(i) of Indian Patent Law?

July 12, 2020 Vidushi Bhardwaj 0

The TRIPS agreement being an International Agreement, sets out for its signatory nations the minimum standards of protection to be provided in respect of the […]

Failure to obtain foreign filing permit in India – illegality or irregularity?

July 10, 2020 Gaurav Mishra 2

A very interesting question was recently put across to a wide audience group. The questioner sought inputs on whether an applicant based out of India […]

Public disclosure of the invention is safer than a secret use: Loopholes in the patent law

July 8, 2020 Krishnam Goyal 1

Secret use of an invention before filing a patent application could amount to public use and such public use of the invention would be beyond […]

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