International Conference on Intellectual Property Rights
We are pleased to announce that International IPR Conference will be held on 8-10 January, 2009 at Hotel Taj Bengal, Kolkata. The theme of the Conference is "Empowering Business Entities thorugh Knowledge Mangement in the Field of IPR". for details, please Log on to www.iprconference.com

Death of Software Patent?

According to a recent judgement by Federal court of US, obtaining software and business method patents in US may be dropped down. The decision says that mere software and business methods are not patentable unless they are implemented by a machine or transform something into an inventive more efficient form.

Before 1998, the business method patents were considered as unpatentable. the same court allowed business method patents from 1998 which increased the filing at USPTO. In brief there is a two-tier test to determine the validity of a software of Busines method patent, a) it is tied to a particular article into a different state or thing.b) pure software or business method patents that are neigher tied to a specific machine, nor change something into a different state are not patentable.
The Indian patent manual which is under amendment will be at question whether computer program perse is patentable or not unless it is associated to a system with improved technical advancement according to section 3(k).

COPYRIGHT
CSE accused of Copyright infringement
Center for Science and Environment, the New Delhi-based activist public interest organization is accused of infringement of copyright by Mint Editor. He alleges that one of their colleagues staggered upon an article which was a complete reproduction of Mint National Science writer Seema Singh’s 10th September piece headlined "India’s low-cost patient care earns plaudits in US Study”. He has also maintained that CSE-run portal has been regularly copying/reproducing a large number of articles published in Mint without seeking permission.

PATENT
CSIR to set up holding company
CSIR is planning to set up a holding company to monetize its inventory of patents. Approximately 300 patents would be transferred to this holding company that aims to licence out and sell patents to companies like Intellectual Ventures so as to make the maximum money out of the licensing and giving out of patents which they hold.
CSIR presently CSIR presently spend a huge amount of money maintaining and filing patents than it earns from the revenue of the patents.
Such a move would increase profit margins and the technology could also be used to alleviate the conditions of the poor.

Stringent patent laws block almost 50,000 innovations
Reports say that stringent patent laws of India are blocking almost 50,000 innovations from getting patents. The reason seems to be Section 3(d) of The Patent Act which unlike countries such as Germany, Australia and Japan does not recognize incremental innovations.
An official of the Department of Industrial Policy and Promotion (DIPP) under the Ministry of Commerce and Industry has stated that provision has been a hurdle for no less than 50,000 innovations qualifying for receiving patents. Most of these innovations are improvements, which can’t be granted patents and in fact India has probably the most stringent patent regime in the world.

EU software patent issue goes to EBoA
Alison Brimelow, president of the European Patent Office, has referred the question about the assessment of the patentability of software-related inventions to the office's top appeals body, the Enlarged Board of Appeal (EBoA) which is rare, as it deals only with the most complex issues like patenting of human embryos.
Technically, softwares are unpatentable. However, many software-related inventions have been granted European patents.
Brimelow has been contemplating referring the issue to the EBoA ever since two related patent disputes in the UK highlighted inconsistencies in the application of the European Patent Convention.
It is stated by the EPO that the EBoA's conclusions will lead to greater clarity concerning the limits of patentability, thereby facilitating application of the EPC by patent examiners and enabling both applicants and the wider public to understand the law regarding the patentability of programs for computers.

LG Electronics wins Patent Case
LG Electronics has won a long-standing patent dispute with Whirlpool Corporation. US Court of Appeals for the Federal Circuit upheld a US District Court decision involving two Whirlpool patents related to clothes washers.
Whirlpool initiated this action against LG after an impeller type washing machine, designed and produced by LG Electronics, was introduced in the U.S. market. Whirlpool asked for a jury trial and sought an award of damages as well as an order to stop sales of the washer. The Federal Circuit confirmed the right to market LG's advanced "impeller" washing machine technology in the United States.
The decision of this court indicates the conclusion of five years of litigation with Whirlpool by LG Electronics in the field of washing machine technology.

Patent Infringement Lawsuit against Qualcomm Inc.
Omaha, Nebraska-based Gabriel Technologies Corporation and a company subsidiary filed a lawsuit against San Diego-based technology giant Qualcomm Inc. According to MunckCarter, P.C., who filed the lawsuit; Qualcomm and its subsidiary, SnapTrack Inc., wrongly appropriated valuable intellectual property that was developed as part of a joint development agreement with LocateNetworks, Inc. The lawsuit has been filed in the U.S. District Court for the southern district of California, San Diego Division. The disputed technology involves significant refinements and enhancements to what is commonly known as "Assisted GPS." Omaha has sought damages amounting more than $1 billion.

ZymoGenetics gets $21 million to put an end to patent suit
ZymoGenetics and Bristol-Myers have settled their patent infringement lawsuit and the former will receive $21 million.
The Seattle-based biotech company sued in August 2006 over the pharmaceutical giant's drug ‘Orencia’, claiming it infringed on ZymoGenetics' patents on ‘Ig fusion proteins’. As part of the settlement, Bristol-Myers received a nonexclusive, worldwide license to those patents.

TRADEMARK
National Canning Center files Trademark infringement suit against Obama campaign
National Center for Home Food Preservation and Canning; the trade association folks in Washington DC, who advocate for the many ‘canning’ companies around the nation sued against Obama campaign’s “Yes, We Can” slogan, which is the trademarked slogan for the Association. Deacon Jones Jr., the president and grandson of the founder of the Intercourse Canning Company of Intercourse, Pennsylvania stated that the slogan is known all over the country for just one thing: Canning.
The Obama campaign may be looking at a similar lawsuit on the international trademark front; this one from France. “Yes Oui Cannes,” it seems, is the newly minted slogan for the Cannes Film Festival.

INTELLECTUAL PROPERTY
TCS’s mKrishi wins Technology Innovation Award
mKrishi, a mobile-based crop-advisory service of Tata Consultancy Services has received the 2008 Technology Innovation Award by Wall Street Journal. The award acknowledges technological breakthroughs in areas such as medicine, software, internet, wireless and consumer electronics. It has been developed to provide personalized information and expert advice to rural farmers in their local language using sensor technology. It is also adaptable to illiterate farmers to make a query from a cell phone using voice-specific functions.
“This award is a testament to the culture of innovation in TCS and to our commitment to creating value for clients, the community and society through pioneering new standards of technology and business models” said S. Ramadorai, CEO and managing director, Tata Consultancy Services.

Government of India released National Innovation Act, 2008
Department of Science and Technology, Government of India has published a draft version of National Innovation Act, 2008. The Act designed to facilitate public, private or public-private partnership initiatives for building an Innovation support system to encourage Innovation, evolve a National Integrated Science and Technology Plan and codify and consolidate the law of confidentiality in aid of protecting Confidential lnformation, trade secrets and Innovation.