Articles by : S.L.Soujanya


Licensing Of Patents: An Indian Perspective

Licensing Of Patents: An Indian Perspective

Patents are monopoly rights and intangible by nature. Section 48 of the Indian patents act, 1970 deals exclusively with the rights of patentees which prevents the third parties, who do not have the consent of the patentee, from the act of making, using, offering for sale, selling or importing for those purposes the patented product in India.

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Classification of Claims

Classification of Claims

Earlier we had dealt with a broader classification of patent claims. It was largely based on dependency where Independent and dependent claims were dealt with. Various schools of thought have classified patent claims based on numerous criteria. The subject matter based classification had been introduced to study the ambit of improvisation and innovation through a meticulous analysis of the patent claims.

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Understanding the Claims

Understanding the Claims

Claim construction is a premier step for securing an invention. They should be constructed with clarity and responsibility to minimize or avoid objections in the examination stage. The exclusive right granted to the patent can only be defined by the patent claims. The patent claims consume the maximum chunk of the time frame allocated for a complete specification.

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Understanding the Invention – Specification

Understanding the Invention – Specification

An inventor is the best person to describe one’s disclosure. What matters is how well the disclosure is comprehendible by a person who wants to know and understand the invention in a simple way. A written description of an invention disclosure to explain the invention is needed. The description is to be simple, comprehendible, technical and within the legal framework.

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Pre Grant and Post Grant Opposition Procedure in India

Pre Grant and Post Grant Opposition Procedure in India

An invention with or without the knowledge of the inventor may be interfering with the already existing invention. There are certain administrative procedures to have a check and balance to prevent the privilege of an inventor being hijacked.

An opposition proceeding can be defined as an administrative procedure under the jurisdiction of the …

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How do I Patent my Idea in India?

How do I Patent my Idea in India?

The journey of an inventor begins with an idea and is completed when it becomes an invention. Grooming an idea into an invention involves investing time, money and a gamut of emotions. It is the prerogative of the institution dealing with the grant of patents to ensure a smooth ride for an inventor in fortifying the credentials of the idea into an invention.

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The Magical Six Yards

The Magical Six Yards

The manhandling of a long piece of cloth draped over a royal lady lead to war in the age old epic Mahabharata. A long fabric made up of cotton, silk, crepe, nylon, chiffon and a whole lot of others; available in various colours when draped artistically in a set pattern is a saree.

The word saree (originated from Sanskrit word sati or sattika meaning a long piece of cloth) is pronounced in many ways all across South Asia where it is primarily used as attire.

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Intellectual Property Rights: An Outline

Intellectual Property Rights: An Outline

Property emanates from the concept of ownership and possession. It is important as it has a great value. Property is also referred to as a bundle of legal rights but does not have any specific definition. Many versions are there from scientists, lawyers, philosophers, academicians etc for defining the term.

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Section 3(K): An amendment to stifle or encourage creativity?

Software patentability and the rules associated with it suffer from the lack of uniformity and subsequent ambiguity across the globe. The USA, Singapore and Australia to name a few have encouraged software patentability by granting liberal patents, Europe in general has been opposing on the ground that they are based on established mathematical formulas and do not call for any patentability as they do not involve the crucial inventive step as a patentability criteria.

Earlier there was no software patenting procedure in India. There were no specific guidelines which spoke of software patentability. The computer programs are not patentable per se; however a claim to a manner of manufacture, which results in a tangible product, which requires the application of an algorithm or a particular computer program, may be patentable.

Software protection

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Patent Search: Gateway to an Invention

Patent can be defined as a right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission. Such a privilege is granted as a reward for giving a technical solution to a problem. Grant of a patent involves a huge task for the inventor hence it becomes highly essential to have an analysis of prior art and inventions of the ideas which bear a close resemblance to the invention disclosure.

Patent search is the first step taken for a proposed invention before making it ready for filing. It is highly essential for the inventor to be aware of any prior art involved for the proposed invention so that enough space and opportunity can be provided for the inventor to know

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FDA Approves ”Female Viagra’ pill Flibanserin after two rejections

The FDA has finally approved the little pink pill to help women boost their sex drive. The approval came on the 18th of August.

Flibanserin with a dosage of 100mg developed by Sprout pharmaceuticals Inc. will be sold as Addyi. It is intended for the treatment of women diagnosed with hypoactive sexual desire disorder, HSDD.

The drug, while often referred to as “female Viagra”, is more akin to an antidepressant as it changes brain chemistry similar to the way that dopamine and serotonin do. Viagra relaxes muscles and increases blood flow to particular areas of the male body, helping treat erectile dysfunction. While the blue pill for men should be taken before engaging in sexual activity, women are to take the pink pill daily.

But the FDA has given the approval after great

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Patenting business models: An overview

The successful transition into the post TRIPS era led to the mushrooming of ideas into business models thus creating a whole lot of opportunities and also wealth. The term Business Methods can be defined as an abstract representation of an organization as it involves whole gamut of activities in a commercial or industrial enterprise relating to transaction of goods or services. A recent study conducted jointly by The Associated Chambers of Commerce and Industry of India (Assocham) and Deloitte has revealed that the E commerce industry makes $1.2 million every 30 seconds! The concept of business models has led to the rise in the concept of entrepreneurship and has also amended the ways of conducting the regular business by making it customer centric.

“The concept is king”, this is true

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India creates database of 1,500 Yoga poses to thwart western IP claims

Yoga is an ancient Hindu philosophical, spiritual and physical practice which combines body movements and fixed postures with meditation, spiritual, and holistic exercises was developed nearly 5000 years ago in India. The Indian government has decided to shortlist around 1500 asanas creating a digital video database of the poses in an effort to thwart copyright attempts in a global multi-billion dollar industry.

Classifying the yoga positions, known as asanas, as part of the “traditional knowledge” of the country, the Council for Scientific and Industrial Research (CSIR) of India’s Ministry of Science and Technology, has begun the tedious work of videotaping Indian yoga expertise. So far, it has uploaded recordings of 250 asanas into a Traditional Knowledge Digital Library (TKDL) database.

It is estimated that up to 300 million people practice yoga across

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