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August 2018

US or India: Where to file for a patent first?

United States Patent and Trademark Office (USPTO) often is one of the favorite or lucrative destination for the applicants for filing a patent application for various reasons, the prime reason being that usually the target as well as potential market of the invented product or process is US. Another major reason for interest in filing in US is that US patent laws permit broader spectrum of software patents compared to Indian Patent Law which says that software per se is not patentable till it has technical application. For all these reasons, at the time of filing for a patent, the biggest dilemma...

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Copyright infringement & substantial similarity

Substantial similarity is one of the standard tests used to determine whether infringement of copyright has taken place or not. Since a copyright protects expression and not the idea, substantial similarity is one of the important ways to assess infringement of copyright. Since it is Christmas time of the year, I take this opportunity to explain the concept of copyright infringement with respect to substantial similarity with the help of a case-law that relates to Christmas story, Ray K. Harter et al. vs. Disney Enterprises,Inc. et al.[Case No. 4:11CV2207 CDP, United States District Court Eastern District Of Missouri Eastern Division]. Facts of the...

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