Patent Law in China
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Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
The document provides an overview of China's patent system, including its evolution, examination process, enforcement mechanisms, and recent progress. Key points include: (1) China's patent law has undergone several amendments to improve enforcement and comply with international treaties; (2) China utilizes a dual system for IP enforcement through administrative and judicial processes; (3) While risks remain, China's patent system is progressing as the government promotes IP and domestic patenting increases.
Protecting Your IP in China: IntroductionJane Lambert
Chairoperson\'s speech to an IP seminar in Liveprool attended by distinguished lawyers, patent and trade mark attorneys, academics, business people and diplomats from the Chinese embassy in London. Stresses coming importance of China as an economic and political superpower. Outlines IP system and debunks several myths about IP and China.
Best Practices in Patent Information: USA and Japanspkowalski
This document provides an overview of patent information resources and services in the United States and Japan. It discusses the Patent and Trademark Depository Library (PTDL) program in the US, which was established in 1871 and aims to disseminate patent and trademark information through libraries across each state. A similar program does not exist in Japan. It also describes the Bayh-Dole Acts passed in 1980 in the US and 1999 in Japan, which aim to promote the commercialization of university research by allowing universities to retain patent rights. The document discusses the role of university Technology Transfer Offices (TTOs) in managing this process. It concludes that developing patent research capabilities at TTOs could help advance innovation for public benefit in line
The document summarizes notes from the October 2014 Patent Prosecution Luncheon. It discusses China joining the Patent Document Exchange program and Korea joining the Cooperative Patent Classification system. The After Final Consideration Pilot Program has been extended through September 2015. A Federal Circuit case found inequitable conduct for failure to disclose relevant prior art documents. Another case determined that a claim amendment resulted in estoppel and no infringement under the doctrine of equivalents.
The Proposed Trade Marks (1st Amendment) Rules, 2024BananaIP Counsels
Deadline for Public Comments on New Trade Mark Draft Rules 2024 Ends Today, February 9th, 2024
The Ministry of Commerce and Industry, through its Department for Promotion of Industry and Internal Trade, issued a notification on January 2nd, 2024, regarding the draft rules to amend the Trade Marks Rules, 2017. Published in the Gazette of India, this notification invites public feedback and suggestions on the proposed changes.
Read more: https://www.bananaip.com/ip-news-center/trade-marks-1st-amendment-rules-2024-comments-deadline/
Generative AI (GenAI), Business and Intellectual PropertyBananaIP Counsels
The extent of protectability and enforceability of inventions and creations of Generative (Gen) AI is today the subject of discussions and debates among professional and academic circles. While Courts in some countries have decided on protectability of Gen AI, and the role of human intervention required for such protection, several questions remain unanswered. The enforceability of Gen AI also raises several questions at various levels. Read more - https://www.bananaip.com/ip-news-center/generative-ai-genai-business-and-intellectual-property/
If you have any questions, speak with an IP expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
Guidelines on Film Accessibility in India: Comments and SuggestionsBananaIP Counsels
On 8th January 2024, the Ministry of Information and Broadcasting (MoIB) published a draft of the Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with hearing and visual impairments (hereinafter “Guidelines”). These Guidelines are expected to be applicable for those feature films that are certified by the Central Board of Film Certification (CBFC) for public exhibition in cinema halls/movie theatres for commercial purposes. The Guidelines were made available for public scrutiny on 8th January 2024, seeking comments and suggestions by 31st January 2024. In response, the accessibility law attorney team at BananaIP Counsels (“BananaIP”) is hereby submitting comments and suggestions for the MoIB’s consideration. The comments and suggestions submitted herein are based on our ground-level experience of facilitating and implementing accessibility standards and are being submitted with the bonafide intent of enabling the MoIB to improve the guidelines based on implementation level feedback.
The views expressed in the submissions are those of the authors and do not reflect the views of BananaIP, other attorneys in the firm, or its clients.
The document provides an overview of China's patent system, including its evolution, examination process, enforcement mechanisms, and recent progress. Key points include: (1) China's patent law has undergone several amendments to improve enforcement and comply with international treaties; (2) China utilizes a dual system for IP enforcement through administrative and judicial processes; (3) While risks remain, China's patent system is progressing as the government promotes IP and domestic patenting increases.
Protecting Your IP in China: IntroductionJane Lambert
Chairoperson\'s speech to an IP seminar in Liveprool attended by distinguished lawyers, patent and trade mark attorneys, academics, business people and diplomats from the Chinese embassy in London. Stresses coming importance of China as an economic and political superpower. Outlines IP system and debunks several myths about IP and China.
Best Practices in Patent Information: USA and Japanspkowalski
This document provides an overview of patent information resources and services in the United States and Japan. It discusses the Patent and Trademark Depository Library (PTDL) program in the US, which was established in 1871 and aims to disseminate patent and trademark information through libraries across each state. A similar program does not exist in Japan. It also describes the Bayh-Dole Acts passed in 1980 in the US and 1999 in Japan, which aim to promote the commercialization of university research by allowing universities to retain patent rights. The document discusses the role of university Technology Transfer Offices (TTOs) in managing this process. It concludes that developing patent research capabilities at TTOs could help advance innovation for public benefit in line
The document summarizes notes from the October 2014 Patent Prosecution Luncheon. It discusses China joining the Patent Document Exchange program and Korea joining the Cooperative Patent Classification system. The After Final Consideration Pilot Program has been extended through September 2015. A Federal Circuit case found inequitable conduct for failure to disclose relevant prior art documents. Another case determined that a claim amendment resulted in estoppel and no infringement under the doctrine of equivalents.
The Proposed Trade Marks (1st Amendment) Rules, 2024BananaIP Counsels
Deadline for Public Comments on New Trade Mark Draft Rules 2024 Ends Today, February 9th, 2024
The Ministry of Commerce and Industry, through its Department for Promotion of Industry and Internal Trade, issued a notification on January 2nd, 2024, regarding the draft rules to amend the Trade Marks Rules, 2017. Published in the Gazette of India, this notification invites public feedback and suggestions on the proposed changes.
Read more: https://www.bananaip.com/ip-news-center/trade-marks-1st-amendment-rules-2024-comments-deadline/
Generative AI (GenAI), Business and Intellectual PropertyBananaIP Counsels
The extent of protectability and enforceability of inventions and creations of Generative (Gen) AI is today the subject of discussions and debates among professional and academic circles. While Courts in some countries have decided on protectability of Gen AI, and the role of human intervention required for such protection, several questions remain unanswered. The enforceability of Gen AI also raises several questions at various levels. Read more - https://www.bananaip.com/ip-news-center/generative-ai-genai-business-and-intellectual-property/
If you have any questions, speak with an IP expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
Guidelines on Film Accessibility in India: Comments and SuggestionsBananaIP Counsels
On 8th January 2024, the Ministry of Information and Broadcasting (MoIB) published a draft of the Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with hearing and visual impairments (hereinafter “Guidelines”). These Guidelines are expected to be applicable for those feature films that are certified by the Central Board of Film Certification (CBFC) for public exhibition in cinema halls/movie theatres for commercial purposes. The Guidelines were made available for public scrutiny on 8th January 2024, seeking comments and suggestions by 31st January 2024. In response, the accessibility law attorney team at BananaIP Counsels (“BananaIP”) is hereby submitting comments and suggestions for the MoIB’s consideration. The comments and suggestions submitted herein are based on our ground-level experience of facilitating and implementing accessibility standards and are being submitted with the bonafide intent of enabling the MoIB to improve the guidelines based on implementation level feedback.
The views expressed in the submissions are those of the authors and do not reflect the views of BananaIP, other attorneys in the firm, or its clients.
Indian Design Statistics for 2023 By BananaIP CounselsBananaIP Counsels
The Indian Design Statistics Report for the year 2023 has been prepared by BananaIP Counsels as a part of its knowledge dissemination initiatives. The report is based on the information and data available on the Indian Intellectual Property (IP) Office website and databases and is accurate to the extent of data publication, availability, and searchability.
For the latest IP news updates visit: www.bananaip.com
Email: contact@bananaip.com
Indian Patent Statistics for 2023 by BananaIP CounselsBananaIP Counsels
BananaIP is pleased to release the 2023 Patent Statistics Report. This document offers a comprehensive overview of patent activities in India, including publications, examinations, grants, and refusals. It compares data from 2019 to 2023 and includes city-wise patent statistics and performance metrics of various patent offices.
The Draft Indian Patent Rules 2024 has been released for public review. This document primarily addresses the adjudication process for penalties in patent-related matters. It introduces specific roles such as 'Adjudicating Officer' and 'Appellate Authority', clarifying their functions in the patent adjudication process. The draft also details procedures for filing and appealing complaints in cases of patent contraventions.
These updates are part of an ongoing effort to enhance the clarity and efficiency of the patent process in India. Stakeholders are encouraged to submit their feedback by February 1st, 2024.
If you have any questions, speak with a Patent expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
Patent Examination and Pre-Grant Opposition are independent processes, says t...BananaIP Counsels
In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and the Single Judge held that pre-grant opponents have to be heard with respect to all amendments as the patent examination and pre-grant opposition processes merge once a representation is accepted by the Controller. Disagreeing with the Single Judge, the Division Bench held that patent examination and pre-grant opposition are independent and separate processes.
If you have any questions, speak with a Patent expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
In the case of Huhtamaki Oyj And Anr Vs Controller Of Patents at the Delhi High Court, a significant development has transpired. The focus was on a Polymer Technology patent application titled “An Essentially Biobased Thermoformable Composition And Containers Formed Thereof”.
The application had encountered objections concerning its inventive step and non-patentability. The Court highlighted the need for a thorough examination in the decision-making process.
After detailed reconsideration, it's confirmed that the patent was granted on 26th July 2023. This case emphasizes the critical role of comprehensive examination in the patent granting process and the resilience necessary from applicants.
#BananaIP #PatentLaw #DelhiHighCourt #InnovationProtection #PolymerTechnology #PatentGranted #IntellectualProperty
IP For Business - Presentation by Dr. Kalyan at IIM - Bangalore (2023 Class o...BananaIP Counsels
On August 3rd, 2023, Dr. Kalyan from BananaIP shared insights on 'IP for Business' with the 2023 EPGP class at IIMB. As we continue our journey, we appreciate your interest and engagement with our ongoing efforts.
www.bananaip.com
#BananaIP #DrKalyan #IPforBusiness #IIMBangalore #EPGP2023 #IntellectualProperty #IPInsights #BusinessStrategy #EducationInitiative #KnowledgeSharing
This document discusses accessibility and disability rights. It notes the right to accessibility in physical environments, transportation, and information and communication technologies. It provides examples of lack of accessibility in restaurants, hotels, and public transportation. Specifically, it finds that few restaurants and hotels have accessibility features like ramps or accessible menus and restrooms. For transportation, it discusses draft accessibility guidelines for roads, railways, and air travel. It also discusses accessibility standards for digital screens and apps. The document presents a hypothetical scenario of residents in an apartment complex requesting accessibility improvements and the divided views of the owner's association board in response.
Use of Music in Marriage ceremonies – Prof. Arul Scaria’s report to The Delhi...BananaIP Counsels
This document contains the submissions of an expert appointed by the Delhi High Court to provide an analysis of Section 52(1)(za) of the Indian Copyright Act, which provides an exception for use of copyrighted sound recordings at marriage ceremonies and related social events.
The expert summarizes that international treaties provide flexibility for countries to determine exceptions based on local needs, and Section 52(1)(za) falls within the scope of permitted exceptions. The expert argues for a broad reading of the section in light of the importance of marriage in Indian society and the need to limit overreach of copyright owners' rights in this context. The expert also notes that without facilitators, most users would not be able to exercise their rights under this
Indian Intellectual Property Cases Report, 2021.pdfBananaIP Counsels
BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property.
INDIAN INTELLECTUAL PROPERTY STATISTICS REPORT, 2021BananaIP Counsels
BananaIP is happy to launch the IP statistics report for the year 2021. This report covers Patent, Trademark, Design, Copyright and Geographical Indication (GI) statistics based on information available on the website of the Indian IP Office. Wherever relevant, a comparative review with previous years has been presented in the report.
Findings and Conclusions
At a general level, intellectual property activity before the IP Office increased notably in 2021 compared to the previous year. While Patent, Copyright, Trademark, and GI filings saw an increase in numbers, the number of Design filings dropped during the year.
The conclusion of the report reads as follows:
"To conclude, we observed an overall increase in the IP Statistics in 2021. In the year 2021 number of patents published increased by 2%, the number of trademarks filed increased by 13.78%, the number of copyrights filed increased by 29.71% and the number of geographical indications filed increased by 49.01%. We also observed that the number of patents granted increased by 15.66%, trademarks registered increased by 33.96%, and geographical indications registered increased by 560% in 2021. However, the number of designs registered decreased by 17.54%."
Statistics as Indicators
Intellectual Property statistics have since long been used as indicators of intellectual activity, and the findings of this report signify an increase in innovative and creative activity in India despite the pandemic. The numbers also indicate the importance being given to IP protection in the Indian market by both Indian and foreign organisations.
Talking about the report, Dr. Kalyan C. Kankanala stated, "IP filings in India have been steadily increasing since 2014, and the increase in 2021 is not surprising. What is interesting is the fact that patent, trademark, and other IP filings increased despite the negative consequences of COVID-19.
The increase in numbers is in sync with increased enforcement, licensing, and litigation.
Over the last decade, we have seen a significant transformation in the IP ecosystem in India, and I can today state with confidence that we are no longer a nation that views IP with circumspection."
Attribution
The report was the result of contributions from consulting/strategy, patent, copyright, and trademark departments of BananaIP Counsels.
This document presents intellectual property statistics for India for the years 2019-2021. It summarizes that in 2021:
- Patent applications published and patents granted both increased by around 2% compared to 2020.
- Design registrations decreased by 17.54% from 2020.
- Trademark applications filed and registered increased by 13.78% and 33.96% respectively from 2020.
- Copyright filings increased by 29.71% from 2020.
- Geographical indication applications filed increased by 560% and registrations by 50% from 2020.
Prof. AB develops a product called "STUNOOPER", a pen capable of assessing student participation in class based on facial expressions, gestures, etc. and providing proposed grades. He tests it from 2019-2021, when he finalizes the design and uses it to grade students. Prof. AB writes the integrating code himself while using open source algorithms and libraries, and keeps his expanding training data secret. It is unclear if this is a good idea or product.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
This document discusses various patent defenses including prior art, wrongful obtainment, false representations, secret use, research exemption, Bolar exemption, government use, parallel imports, and examples of each. Key defenses include claiming a patent is invalid due to prior public knowledge and use of the invention, failure to disclose information to patent offices, research and experimental use exemptions, regulatory submission exemptions, government or governmental agency use, and import of patented products authorized for sale in other countries. The document provides examples of patent infringement cases and analyzes potential defenses in each case.
This document provides an overview of intellectual property and IP filing statistics in India. It discusses the various types of intellectual property including patents, copyrights, trademarks, industrial designs, trade secrets, and geographical indications. For each type of IP, it describes the subject matter, requirements, term and rights. It also includes tables showing IP filing and grant statistics in India from 2014-2019, with the largest numbers for patents, trademarks and copyrights. The document is intended as an introduction to intellectual property law and principles in India.
The document discusses the requirements for patentability in India, including patentable subject matter, industrial applicability, novelty, inventive step, and specification requirements. It provides examples of inventions and analyzes whether they meet the requirements. Specifically, it examines inventions related to genetically modified animals, computer programs, massages, medical methods, compositions, machines, and other products. Throughout it emphasizes the need to ensure an invention is novel and non-obvious to be considered for patent protection in India.
Indian Design Statistics for 2023 By BananaIP CounselsBananaIP Counsels
The Indian Design Statistics Report for the year 2023 has been prepared by BananaIP Counsels as a part of its knowledge dissemination initiatives. The report is based on the information and data available on the Indian Intellectual Property (IP) Office website and databases and is accurate to the extent of data publication, availability, and searchability.
For the latest IP news updates visit: www.bananaip.com
Email: contact@bananaip.com
Indian Patent Statistics for 2023 by BananaIP CounselsBananaIP Counsels
BananaIP is pleased to release the 2023 Patent Statistics Report. This document offers a comprehensive overview of patent activities in India, including publications, examinations, grants, and refusals. It compares data from 2019 to 2023 and includes city-wise patent statistics and performance metrics of various patent offices.
The Draft Indian Patent Rules 2024 has been released for public review. This document primarily addresses the adjudication process for penalties in patent-related matters. It introduces specific roles such as 'Adjudicating Officer' and 'Appellate Authority', clarifying their functions in the patent adjudication process. The draft also details procedures for filing and appealing complaints in cases of patent contraventions.
These updates are part of an ongoing effort to enhance the clarity and efficiency of the patent process in India. Stakeholders are encouraged to submit their feedback by February 1st, 2024.
If you have any questions, speak with a Patent expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
Patent Examination and Pre-Grant Opposition are independent processes, says t...BananaIP Counsels
In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and the Single Judge held that pre-grant opponents have to be heard with respect to all amendments as the patent examination and pre-grant opposition processes merge once a representation is accepted by the Controller. Disagreeing with the Single Judge, the Division Bench held that patent examination and pre-grant opposition are independent and separate processes.
If you have any questions, speak with a Patent expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
In the case of Huhtamaki Oyj And Anr Vs Controller Of Patents at the Delhi High Court, a significant development has transpired. The focus was on a Polymer Technology patent application titled “An Essentially Biobased Thermoformable Composition And Containers Formed Thereof”.
The application had encountered objections concerning its inventive step and non-patentability. The Court highlighted the need for a thorough examination in the decision-making process.
After detailed reconsideration, it's confirmed that the patent was granted on 26th July 2023. This case emphasizes the critical role of comprehensive examination in the patent granting process and the resilience necessary from applicants.
#BananaIP #PatentLaw #DelhiHighCourt #InnovationProtection #PolymerTechnology #PatentGranted #IntellectualProperty
IP For Business - Presentation by Dr. Kalyan at IIM - Bangalore (2023 Class o...BananaIP Counsels
On August 3rd, 2023, Dr. Kalyan from BananaIP shared insights on 'IP for Business' with the 2023 EPGP class at IIMB. As we continue our journey, we appreciate your interest and engagement with our ongoing efforts.
www.bananaip.com
#BananaIP #DrKalyan #IPforBusiness #IIMBangalore #EPGP2023 #IntellectualProperty #IPInsights #BusinessStrategy #EducationInitiative #KnowledgeSharing
This document discusses accessibility and disability rights. It notes the right to accessibility in physical environments, transportation, and information and communication technologies. It provides examples of lack of accessibility in restaurants, hotels, and public transportation. Specifically, it finds that few restaurants and hotels have accessibility features like ramps or accessible menus and restrooms. For transportation, it discusses draft accessibility guidelines for roads, railways, and air travel. It also discusses accessibility standards for digital screens and apps. The document presents a hypothetical scenario of residents in an apartment complex requesting accessibility improvements and the divided views of the owner's association board in response.
Use of Music in Marriage ceremonies – Prof. Arul Scaria’s report to The Delhi...BananaIP Counsels
This document contains the submissions of an expert appointed by the Delhi High Court to provide an analysis of Section 52(1)(za) of the Indian Copyright Act, which provides an exception for use of copyrighted sound recordings at marriage ceremonies and related social events.
The expert summarizes that international treaties provide flexibility for countries to determine exceptions based on local needs, and Section 52(1)(za) falls within the scope of permitted exceptions. The expert argues for a broad reading of the section in light of the importance of marriage in Indian society and the need to limit overreach of copyright owners' rights in this context. The expert also notes that without facilitators, most users would not be able to exercise their rights under this
Indian Intellectual Property Cases Report, 2021.pdfBananaIP Counsels
BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property.
INDIAN INTELLECTUAL PROPERTY STATISTICS REPORT, 2021BananaIP Counsels
BananaIP is happy to launch the IP statistics report for the year 2021. This report covers Patent, Trademark, Design, Copyright and Geographical Indication (GI) statistics based on information available on the website of the Indian IP Office. Wherever relevant, a comparative review with previous years has been presented in the report.
Findings and Conclusions
At a general level, intellectual property activity before the IP Office increased notably in 2021 compared to the previous year. While Patent, Copyright, Trademark, and GI filings saw an increase in numbers, the number of Design filings dropped during the year.
The conclusion of the report reads as follows:
"To conclude, we observed an overall increase in the IP Statistics in 2021. In the year 2021 number of patents published increased by 2%, the number of trademarks filed increased by 13.78%, the number of copyrights filed increased by 29.71% and the number of geographical indications filed increased by 49.01%. We also observed that the number of patents granted increased by 15.66%, trademarks registered increased by 33.96%, and geographical indications registered increased by 560% in 2021. However, the number of designs registered decreased by 17.54%."
Statistics as Indicators
Intellectual Property statistics have since long been used as indicators of intellectual activity, and the findings of this report signify an increase in innovative and creative activity in India despite the pandemic. The numbers also indicate the importance being given to IP protection in the Indian market by both Indian and foreign organisations.
Talking about the report, Dr. Kalyan C. Kankanala stated, "IP filings in India have been steadily increasing since 2014, and the increase in 2021 is not surprising. What is interesting is the fact that patent, trademark, and other IP filings increased despite the negative consequences of COVID-19.
The increase in numbers is in sync with increased enforcement, licensing, and litigation.
Over the last decade, we have seen a significant transformation in the IP ecosystem in India, and I can today state with confidence that we are no longer a nation that views IP with circumspection."
Attribution
The report was the result of contributions from consulting/strategy, patent, copyright, and trademark departments of BananaIP Counsels.
This document presents intellectual property statistics for India for the years 2019-2021. It summarizes that in 2021:
- Patent applications published and patents granted both increased by around 2% compared to 2020.
- Design registrations decreased by 17.54% from 2020.
- Trademark applications filed and registered increased by 13.78% and 33.96% respectively from 2020.
- Copyright filings increased by 29.71% from 2020.
- Geographical indication applications filed increased by 560% and registrations by 50% from 2020.
Prof. AB develops a product called "STUNOOPER", a pen capable of assessing student participation in class based on facial expressions, gestures, etc. and providing proposed grades. He tests it from 2019-2021, when he finalizes the design and uses it to grade students. Prof. AB writes the integrating code himself while using open source algorithms and libraries, and keeps his expanding training data secret. It is unclear if this is a good idea or product.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
This document discusses various patent defenses including prior art, wrongful obtainment, false representations, secret use, research exemption, Bolar exemption, government use, parallel imports, and examples of each. Key defenses include claiming a patent is invalid due to prior public knowledge and use of the invention, failure to disclose information to patent offices, research and experimental use exemptions, regulatory submission exemptions, government or governmental agency use, and import of patented products authorized for sale in other countries. The document provides examples of patent infringement cases and analyzes potential defenses in each case.
This document provides an overview of intellectual property and IP filing statistics in India. It discusses the various types of intellectual property including patents, copyrights, trademarks, industrial designs, trade secrets, and geographical indications. For each type of IP, it describes the subject matter, requirements, term and rights. It also includes tables showing IP filing and grant statistics in India from 2014-2019, with the largest numbers for patents, trademarks and copyrights. The document is intended as an introduction to intellectual property law and principles in India.
The document discusses the requirements for patentability in India, including patentable subject matter, industrial applicability, novelty, inventive step, and specification requirements. It provides examples of inventions and analyzes whether they meet the requirements. Specifically, it examines inventions related to genetically modified animals, computer programs, massages, medical methods, compositions, machines, and other products. Throughout it emphasizes the need to ensure an invention is novel and non-obvious to be considered for patent protection in India.
2. PRC does not include Hong Kong, Macau and Taiwan
Chinese Patent Law came into force in 1985; amended in
1993, 2001 and 2010
First to file rule
Covers three types of patents, i.e. patents for invention, utility
model and design
PRC signatory to Paris convention and PCT
3. Non-patentable inventions
- scientific discoveries;
- rules and methods for intellectual activities;
- methods for the diagnosis or treatment of diseases;
- animal or plant varieties;
- substances obtained by means of nuclear transformation;
- designs that are mainly used for marking the pattern, color or the
combination of the two of prints.
Novelty
Prominent substantive features
Practical use
4. Documents to be submitted in duplicate
-Written request
- Written description with abstract and claims (unity of
invention)
- Power of attorney
Priority documents to be submitted within 3 months from date
of filing
National phase entry – 30 months from priority date with
option for extension of 2 months
5. Filing fee
Additional fee for filing
Printing fee for publication
Latest within 2 months from date of filing
6. Application published after 18 months from date of filing or
priority date
Request for earlier publication (no fee)
7. Preliminary examination
Substantive examination
Request for substantive examination – within 3 years from
date of filing or priority date
Article 36 (1)
“When the applicant for a patent for invention requests
examination as to substance, he or it shall furnish pre-filing
date reference materials concerning the invention.”
8. If an applicant for patent is not satisfied with the SIPO’s
decision of rejecting her application, the applicant may, within
three months from the date of receipt of the
notification, request the Patent Re-examination Board (PRB)
in the SIPO to make a re-examination.
9. Limited Opportunities
- filing
- with examination request
- within 3 months of entering substantive examination
Otherwise, amendments limited to responses to examiner’s
objections
Patentee may amend the patent in response to an invalidation
action
10. Registration – within 2 months from the date of receipt of the
notification
Renewal fee from third year of date of filing
Within six months from due date with surcharge
11. Request for invalidation and evidence in duplicate
Patent Re-examination Board sends a copy of the request for
invalidation of the patent right relevant documents to the
patentee and invite to present observations within a specified
time limit