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Category: Patents

Xiaomi Infringement Case – an overprotection?

December 11, 2014
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| Categories: Intellectual Property, Patents

Ericsson, a Swedish MNC, got an ex parte interim order from the Delhi High Court against Xiaomi in a case involving infringement of patents relating to AMR technology, 2G and 3G technologies. It is interesting to note that Ericsson had in the past sued Micromax, Gionee, and Intex and did not succeed against Intex but the other two companies. While this being the case, there is also a complaint pending before the competition commission of india (CCI) for alleged unfair trade practices in patents by Ericsson. The injunction now prohibits Xiaomi and its e-tailer Flipkart, which has also been implicated in this case, from selling, advertising, manufacturing or importing the devices that infringe these patents. Also, directions were issued to...

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Why patent search is very important?

October 27, 2014
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| Categories: Intellectual Property, Patents

Importance of Patent Search It is a well regarded fact that a good idea does not necessarily mean it is patentable or a good invention. Many inventions meet death without seeing the light of commercial success, due to several reasons.  On the other hand many patents get invalidated due to infringement upon other patents and for the most part, this can be attributable to inefficient patent search. Without a diligent patent search, you will most likely end up "reinventing a wheel" again.  The damage caused due to this is not limited to time, costs and efforts. Patent information search is crucial for inventors, R&D departments and for any business entity dealing with innovation and inventions. The case below is the best...

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Funding to protect your intellectual property

April 19, 2014
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| Categories: Copyright, Intellectual Property, Patents, Piracy, Trademark

Business entities, regardless of its size, commonly complain about their expenses and spends on intellectual property (IP) protection. As a result, they are reluctant to take appropriate actions against infringers which puts them at considerable risk in losing revenue. However, this is attributed to the lack of awareness of benefits from protecting IP and also likely due to absence of an aggressive marketing and business growth strategy.  Companies in the market for a while have had already realized (and possibly harvested) the benefits and some of them have an in-house IP Department.  This is only limited to MNCs and other major players.  These companies allocate funds for IP protection, research and development in the field of intellectual property and some...

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New Indian Patent Rules 2014 comes into effect w.e.f. Feb 28

February 28, 2014
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| Categories: Intellectual Property, Patents

New Patent Rules 2014 Last year shortly after the Patent Agent Exam in 2013, IPO notified the proposal for amendment of patent rules and had invited comments from the stakeholders and public.  The new amendments mainly had to do with increment in fee structure and introduction of new forms. Today, Government of India notified that Patents (Amendment) Rules 2014 has come into force w.e.f. 28 February 2014. The said rules are available on the official website of the Department of Industrial Policy and Promotion (Ministry of HRD), www.dipp.nic.in, and of the Office of Controller General of Patents, Designs and Trade Marks, www.ipindia.nic.in. What has changed now? A sneak peek at the latest amendment reveals the following: Increased fee structure Introduced of a new...

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Are you ready for the new Indian Patent Rules 2013?

June 16, 2013
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| Categories: Intellectual Property, Patents

Ipindia.nic.in has recently published on its website a notification inviting comments on the proposed Patent (amendment) Rules 2013 draft. Experts and public stakeholders are invited to render their suggestions, comments, objections and recommendations.  All recommendations or objections shall be sent to Secretary, Ministry of Commerce and Industry, Government of India, Udyog Bhavan, New Delhi - 110011. What is likely to be changed? Although there is no substantial changes with regard to any provisions, the fee for several provisions have been increased by 10% .   The fee for electronic filing has been made lesser than manual filing. Form 7A is introduced for representing opposition to grant of patent. The draft can be accessed Draft Patent Rules 2013. Advocates as Patent Agent? ...

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