Overview of Patent Exploitation

A patent refers to a form of Intellectual Property (IP) granted over any method, process, device, or substance (after a successful Patent Application process) that is original, novel, industrially applicable, and involves an inventive step. Like trademarks, Patent Rights are also territorial, which implies that such exclusive rights are valid only in the country or […]

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Patent Search and its Types in India

Before we delve into understanding the concept of Patent Search, let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Rights exclude others in the industry or market from manufacturing, using, […]

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Understanding the 3 Common Forms of IP & their Varying Levels of Protection

The term ‘Intellectual Property (IP)‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. People are aware of the term ‘Property,’ which relates to the regulations, rules, and laws of ‘Real Property’ or ‘Real Estate,’ […]

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Why is Market Research Important for Patent Protection?

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or […]

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Exploring the Top 5 IP Challenges that Brands & Businesses Face

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that […]

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Understanding Freedom to Operate (FTO) Concerning IP & Patents

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO), thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. It also […]

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Can You Seek a Patent on Life Forms?

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions. A life […]

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The Infamous Defense of Inequitable Conduct

What is Inequitable Conduct? Obtaining a patent is an uphill battle. Even after a patent is secured, it is not the end of all battles. There are instances where a patent holder may be deterred from enforcing his patent against an act of infringement on account of equitable defenses like unclean hands, estoppel, or laches. […]

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Determination of Equivalents in a Patent Application

The doctrine stipulates that the scope of a patent is not confined to the literal terms laid in the claims; instead, it embraces all the equivalents to the claims described in the said application. In the absence of such a doctrine, the true essence of the patent and the monopolistic rights would never be realized […]

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Patent Assertion Entities: A Boon or a Bane?

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition. It is what gets in easy money and […]

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