Critical Date for Invalidating a Patent The Bard’s way of questioning “What’s there in a date?” would have serious repercussions if you are thinking of invalidating a patent because in the field of IP activity date is what forms the basis for everything. That is why it is of utmost important to understand and establish […]
UTILITY MODEL Utility Model is also an IP right to protect inventions like patents, it is an exclusive right granted for a limited period of time in exchange of the invention. This can be called a second-class patent. Though this type of protection is practiced only in some countries, these are cheaper to obtain and […]
Sufficiency/enablement of claims in the specification Sufficiency/enablement of claims in a patent specification is defined as “patent description should sufficiently disclose the claimed matter in such a way that a person skilled in the art should carry out the invention with reasonable practice”. The requirement for sufficiency/enablement is provided under 35 USC 112. In general, […]
Patent Trolls post-America Invents Act (AIA) Patent troll or non-practising entity (NPE) is a company which acquires patents from other inventors/companies and files infringement suits against practising/product manufacturing companies. Before introducing AIA, there were a lot of arguments about NPEs with the way the NPEs suing multiple companies at a time and several small/medium companies […]
Nanorobot and its medical applications NanoRobotics is the technology of creating machines or robots close to the microscopic scale of a nanometer (10-9 meters). Nanorobots remain a theoretical concept as no artificial, non-biological nanorobots have yet been created. Nanorobots can be used in a wide range of applications. Nanorobots have several components such as sensors, actuators, control, […]
Plant Patents Evolution: The United States started granting patents for the plant varieties for the first time in 1930. The first patent was issued to Henry Bosenberg for climbing, ever-blooming rose in the year 1931. 35 U.S.C. 161 – Patents for plants. According to the plant patent act 1930 under 35 U.S.C. 161, plant patent […]
Orange book and its Applications What is the Orange Book? Orange book is an electronically available free database having a list of drugs that the U.S. Food and Drug Administration (FDA) has approved as both safe and effective. It is easier for medical professionals, researchers to search for generic equivalents to brand name drugs, drug […]
Invention Secrecy Act This act was brought into practice on February 1, 1952. The law was designed to prevent the new inventions and technological arts related to federal agencies to reach the general public, which was believed to be a threat to the national security and economic stability of the country. Invention Secrecy Act During […]
The Art of Balancing: Drafting the Background in a Patent Specification A patent is a well-structured document wherein the information pertaining to the invention is properly drafted under different sub-categories, such as claims, abstract, background, specification, etc. One such sub-category is the background of the invention which is also known as prior-art or state of […]
Re-examination Systems A re-examination is a proceeding conducted by the patent office after the patent is granted. In most countries, procedures exist to provide the opportunity for third parties or inventors to request a re-examination of the granted patent. In many countries, a re-examination system is provided as an alternative to the opposition system. In […]