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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Uncovering the Realm of Selection Inventions

What are Selection Inventions? The rationale behind granting monopolistic and exclusive rights over a particular invention is to reward and accredit the inventor for inventing a novel invention that is susceptible to industrial application and is not obvious to the existent state of the art. These rights are, therefore, given instead of the disclosure made […]

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Understanding the Different Types of Patents under the Patent Law of the US

A patent protects the discoveries and inventions, which are novel, non-obvious, and useful. There are three types of patents under the Patent Law of the United States, namely, utility patents, design patents, and plant patents. Each patent type protects a specific type of discovery or invention and has different eligibility requirements; however, it is also […]

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Facebook Wins Indian Patent for Providing Universal Support to Cell Phones

The social media giant Facebook has quite recently won an Indian Patent corresponding to a device, system, and method for adapting information services, code, and software to comply with the individuals’ device parameters, and for further enabling proper viewing on their mobile devices or smartphones. This latest patent gain is a boost to Facebook’s efforts […]

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