SpicyIP

SEPTEMBER 19, 2023

The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain.

Patent 88

Patent Patent Prosecution Patent Application Publishing 88

SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. From a policy perspective, pre-grant oppositions are excellent policy.

Patent 52

Patent Patent Application Government Reporting 52

SpicyIP

JULY 5, 2021

In Rajeev Kumar vs Jamia Millia Islamia (12th April 2021), an extremely interesting tussle was seen with the copyright over a thesis being pitted against a person’s right to obtain information under the Right to Information Act, 2005. 12 ) or anywhere else, because granting of patents necessarily includes publication of invention.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

SpicyIP

NOVEMBER 13, 2023

Journey Through “Octobers” on SpicyIP (2005 – Present) The October “Flashbacks” are here! Lokesh covers another super interesting round of discussions stemming from SpicyIP’s Octobers (2005-present)! India’s patent applications jump by 31.6% – WIPO IP Indicator 2023.

IP 59

IP Trademark Copyright Registration 59

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent. Use consistent terminology in the claims and specification.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

SpicyIP

MARCH 4, 2024

Other Posts Journey Through “Januarys” on SpicyIP (2005 – Present) Image from here Sit back, relax, and sift through the pages of January’s posts on SpicyIP! Microsoft Technology Licensing LLC v. Thus, the Court held the adoption to be mala fide and passed an ad interim injunction in the favor of the plaintiff.

Invention 59

Invention Trademark IP Patent 59

SpicyIP

JANUARY 27, 2024

Check Sadhvi Sood’s post discussing Nestle’s patent application for Fennel Flower (Kala Jeera) vis-a-vis TK. Relevant here is also Kruttika’s post discussing KEI’s study on how companies can use voluntary licenses for non-competitive practices within the legal framework, underscoring the importance of Indian competition laws.

IP 64

IP Licensing Copyright Blogging 64

SpicyIP

JUNE 13, 2022

While there is a growing repository of algorithmic information on the Patent Office website due to the increasing number of patent applications for computer related inventions, the applications may not always disclose key algorithms. This makes data processing opaque.

Confidentiality 121

Confidentiality Technology Government Ownership 121