Category: Patents

Role of Section 3(k) in Patent Application by Apple Inc.

This article focuses on the involvement of Section 3(k) in the process of patent application of Apple titled ‘a method for browsing data items with respect to a display screen associated with a computing device and an electronic device’. For reference to those unaware of this section, S 3 of the Indian Patents Act, 1970 … Continue reading Role of Section 3(k) in Patent Application by Apple Inc.

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Do Software Patents actually fall under the ambit of Section 3(k)?

Section 3k is often criticized for its ambiguity of the words “computer programme per se”. Though the Indian Patent Act doesn’t explicitly disallow software programs, a lot has been left to interpretation of the same, which in turn has been to many companies’ benefit. This article will analyze the patentability of software programs with support … Continue reading Do Software Patents actually fall under the ambit of Section 3(k)?

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Patent (Amendment) Rules 2017

Department of Industrial Policy and Promotion (DIPP) has amended Patent Rules 2003 with effect from 1st December 2017 called as the Patent (Amendment) Rules, 2017. The definition of “startup” under rule 2(fb) has been substituted with a new definition. A more liberal definition of startup has been incorporated that can allow domestic as well as foreign … Continue reading Patent (Amendment) Rules 2017

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Amendments in Patent Application Process in Singapore

The process of applying for patents in Singapore will become much easier and more efficient after Intellectual Property Office of Singapore (IPOS), in its continued efforts to ease patent application process, has introduced few changes in Patent forms 1 and 12B. According to a circular released on November 21, 2017 on IPOS website [1], these … Continue reading Amendments in Patent Application Process in Singapore

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The Budding Patent Law in Myanmar

Myanmar, also known as Burma, a least developed country in mainland South-East Asia, is still in its embryonic phase of Intellectual Property Laws. The country is not presently a signatory to the Paris Convention for the Protection of Industrial Property or any other treaty protecting patents. The Burma Patents and Designs (Emergency Provisions) Act 1946 … Continue reading The Budding Patent Law in Myanmar

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Initial Coin Offering (ICO) and its Intellectual Property (IP) Interface

With growing importance and widespread adoption of Cryptocurrencies such as Bitcoin, Litecoin, Ethereum, Ripple among many others, Initial Coin Offerings (ICO) have become very popular over the last few years. In brief, an ICO is an unregulated means by which funds are raised for a new cryptocurrency venture or even by a technology company that … Continue reading Initial Coin Offering (ICO) and its Intellectual Property (IP) Interface

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Intellectual Property of Singapore Launches ‘Patents Open Dossier’

In a bid to continue the growth of Intellectual Property regime in Singapore, the Intellectual Property of Singapore (IPOS) has launched the Patents Open Dossier (POD) on July 24, 2017 [1] [3]. The recently launched POD is an online database, which provides a single point of access for individuals/innovators to access published patent documents. This … Continue reading Intellectual Property of Singapore Launches ‘Patents Open Dossier’

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GROUNDLESS THREAT OF PATENT INFRINGEMENT

Introduction Infringement proceedings involve high costs of litigation in defending the same with the possibility that any temporary injunction granted in the due course thereof would lead to revenue loss, loss of employment and several other impediments to the business. Moreover, embroilment in infringement proceedings or the mere possibility thereof leads to disrepute of the … Continue reading GROUNDLESS THREAT OF PATENT INFRINGEMENT

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Modification in Procedure Regarding Examination of Patent Applications Involving the Use of Biological Material

The Biological Diversity Act (the BD Act) was enacted with the goal to provide for conservation of Biological Diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the utilization of biological resources. One of the provisions under the BD Act (section 6) relates to seeking prior permission … Continue reading Modification in Procedure Regarding Examination of Patent Applications Involving the Use of Biological Material

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Compulsory licensing

Compulsory licenses are sovereign state authorizations which enable a third party to make, use, or sell a patented product without the consent of the patent holder. Provisions pertaining to compulsory licensing are provided for under both the Indian Patent Act, 1970, as well as the international legal agreement between all the member nations of WTO … Continue reading Compulsory licensing

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