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Author: origiin

Origiin IP Solutions > Articles posted by origiin (Page 4)

Labeling product as “Patent Pending”

From the date of filing of patent application to the grant is a long procedure and often disappoints the inventor for the reason that grant of patent is going to take long time and securing patent of his interest becomes a great worry till then. However, when a patent application is filed (provisional or complete specification), patent office issues a receipt on which date of filing or priority date is stated. It is worth noting that from that date, the product for which patent has been applied for  or product made by a process for which patent has been applied for...

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Unity of Invention: Indian Patent law perspective

As per Indian Patent Law, one patent application shall  relate to a single invention. However, if more than one inventions are to be claimed in single application, it is necessary to establish that the inventions so claimed have unity and they form a single inventive concept. The golden rule is that the claim (s) of a complete specification shall relate to a single invention, i.e. the concept of unity of invention shall be there. According to Section 10 of the Patents Act 1970, if claims refer to a group of inventions, such inventions shall form a single inventive concept. The claims shall...

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The online certificate course — jointly conducted by the VTU and Origiin IP Academy

The online certificate course — jointly conducted by the VTU and Origiin IP Academy — will have 10 learning modules that can be completed in a maximum duration of three months Origiin IP conducts workshop in Nagpur in collaboration with VTU. https://www.thehindu.com/news/national/karnataka/engineering-students-can-now-opt-for-course-on-ipr/article25533332.ece...

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Selecting between a Trade-secret & Patent?

Most of the organizations often find it tough to select the best way of protecting their innovations. The decision of keeping it a secret or filing for a patent is something that pops up again and again. Filing for a patent requires them to disclose the innovation whereas maintaining a trade-secret may be risky for business. Further, if any of their competitors develop the same innovation and file for a patent, then the original organization can be stopped in the market from using its own innovation. The Black's Law Dictionary defines trade secrets as "A formula, process, device, or other business...

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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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