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  • Article

    A Note On Foreign Filing License Requirement In India

    In India, The Patents Act, 1970, prohibits a person to apply for patents outside India without first applying in India without a prior permission in the form of a foreign filing license.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Disclosure Requirements For Software Patents

    In patent law, it is the "claims" that defines the metes and bounds of an invention. In other words, claims define the scope of patent right.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Patent Rejection Based On What Is Not Expressly Present In Prior Art

    Among various requirements of patentability, novelty and non-obviousness/inventive step requirements are judged based on prior art.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Understanding Product By Process Claims

    Claims of a patent specification are interpreted to define the scope of protection granted to an invention, and hence immense care is exercised while drafting claims.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    South Africa Grants A Patent With An Artificial Intelligence (AI) System As The Inventor – World's First!!

    In July 2021, the South African Patent Office granted a patent for a patent application relating to "food container based on fractal geometry" with an Artificial Intelligence (AI) system named "DABUS"...
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Concession Offered To Eligible Educational Institutions On Statutory Fee For Patent Filing In India

    On February 09, 2021, the Ministry of Commerce and Industry notified the Draft Patents (Amendment) Rules, 2021 to further amend the Patents Rules, 2003, for public opinion.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Tactical Approach To Deal With Final Rejection From The USPTO

    The USPTO while examining a patent application may issue an office action rejecting one or more claims. The rejection of the claims may be non-final or final.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    IPAB's Ferid Allani Order Is A Boost To Software Patents Filed In India

    No wonder, computer programs are a major part of innovations around us than ever before. As the advancement in technology continues to progress, it is quite difficult to find technological innovations that do not have a software component ...
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    A Convergence Of Trade Names And Trade Marks: A Case Comment

    The Court noted that while the tradenames may be similar and are a component of the respective trademarks, the matter to be considered was trademark infringement and not trade name infringement.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Using Patent Citations As An Effective Tool While Conducting Prior Art Search

    A prior art search is conducted for several reasons. Some of the reasons may include assessment of novelty, invalidation of patents, competitor and technology monitoring, and patent landscape study among others.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    IPAB's Order Regarding Divisional Patent Applications In India That Can Have Far Reaching Repercussions

    A divisional patent application is derived from a previously filed patent application which relates to more than one invention or inventive concept.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    A Sensible Approach To Determine Patentability Of Computer Implemented Inventions

    Software development is a field that witnesses various types of innovation.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Territorial Jurisdiction Of Software Patents

    Most often software in computer systems is located within a user device and a remote computing resource. The client can be at one location, connected over a network to the server.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Frivolous Pre-Grant Oppositions – IPAB's Order Provides Guidelines On Dealing With Frivolous Pre-Grant Oppositions

    Patent oppositions have been part of IPO, and are effectively utilized. Patent oppositions have helped to keep check on competitors and restrict them from wrongfully obtaining grant for frivolous patents.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Protecting An Invention - A Discussion On Patents And Trade Secrets

    Patents and trade secrets are two of the popular ways of protecting an invention. However, patents and trade secrets adopt different approaches in providing protection.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Prosecuting Indian Patent Applications - Challenges In Claim Amendments

    A provisional application entitled "A Process for Manufacturing Isostatic Punch and the Punch Manufactured therefrom" (application number: 1202/MUM/2005) was filed on 27th September 2005
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Novelty Aspect Of Patentability Of Inventions Dealing With Ranges

    One of the primary requirements of patentability is "novelty". A claim in a patent application is said to be novel if it is not anticipated by prior art.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Issues Concerning Patenting Inventions Relating To Plants, Animals And Microorganisms

    The Patent Act, 1970 specifies what are not considered inventions under Section 3.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Registration Of GUIs As Designs: Pulling A Thorn From Our Side

    With the level of innovation in today's day and age reaching tumultuous peaks, intellectual property has always had to play catch-up to accommodate humankind's desire to be fairly compensated for the fruits of his/her creation.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Determination Of Obviousness/Inventive Step - Indian Approach

    For an invention to be patentable: it has to be novel; it has to involve an inventive step and it has to be industrially applicable.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.

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