patent infringement

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John Funk, an entrepreneur (I’m an investor in John’s newest company – Evergreen IP) and friend has a innovative proposal up concerning changing the rules on the current patent system. I’ve been on both sides of the patent aisle with John – we like to joke that early on in our relationship John’s company sued one of my companies (and then my company sued John’s company back) for patent infringement (the companies settled several years later for a cross license and $1 – much to the delight of the lawyers who got all the bucks.) Fortunately we got past all that crap and have developed a nice friendship.

Other patent infringement Related Articles

Wikipedia for Patents

Intellectual Property FAQs
What is a patent and how do I know if my invention is eligible for a patent?

What Does Google Look for in Links?
Reading Google's patent filing it appears that they rely heavily on web site links and anchor text in their algorithm. The items below were some of the items the patent said they look for:

Basics of US Patent Law
United States has the most expansive patent subject matter in the world. US Patent Office has granted patents to living organism, computer software, business methods, new alphabets and countless.

Patent Law India

Patent law has been formulated with an objective to promote and protect the inventions and methods. The object of granting a patent is to encourage and develop science, technology and industry. A patent can be defined as a grant of exclusive rights to an inventor over his invention for a limited period of time. The exclusive rights conferred include the right to make, use, exercise, sell or distribute the invention in India. The term of a patent is twenty years, after the expiry of which, the invention would fall into the public domain.

Trade Mark Infringement Law India

Infringement of a trade mark occurs if a person other than the registered proprietor in the course of trade, in relation to the same good or services for which the mark is registered, uses the same mark or a deceptively similar mark. Essential of Infringement The taking of any essential feature of the mark of taking the whole of the mark and then making a few additions and alteration would constitute infringement. The infringement mark must be used in the course of trade, i.e in a regular trade wherein the proprietor of the mark is engaged. The use of the infringement mark must be printed or usual any oral use of the trade mark is not infringement. Any or all of the above act would constitute infringement if the same is done in such manner as to sender the used to the mark likely to be taken as being used as a trade mark.

Remedy for Trade Mark Infringement India

No suit for infringement of a registered trade mark or suit relating to any right in a registered trade mark or for passing off arising out of the use by the defendants of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or not shall be instituted in any court inferior to a district court having jurisdiction to try the suit. Procedure followed The procedure followed in the disposal of the suit is as laid down in code of civil procedure, 1908. Period of limitation Under the limitation Act, 1963, the period of limitation for filing a suit for infringement of a trade mark is three years from the date of infringement. Where the infringement is a continuing one, a new course of action arises every time is infringement occurs.

Software Patents: Time for a Change

I always advise software startups to file patents to protect their “secret sauce” from competitors, and to increase their valuation. I don’t have much conviction that it really does stop competitors, but I do know the rule of thumb that every patent will add $1M to your startup valuation for investors, or for M&A exits (merger and acquisition). Yet the software patent process is a mess. I say this with conviction even after I survived the process, and have a software patent pending.

So You Have An Invention
We get a lot of questions regarding inventions: Where do I start? How can I sell my idea? Is it legal? How can I know that I am not infringing on someone else's patent? Do I need a patent?

Is Your Purpose Patent Still Pending?

Lots of business owners sit around the office tinkering with the notion of that one great innovation to be patented on the road to riches. Well, I think we’ve all got a patent in us but, for many, that patent remains forever pending. The patent I’m referring to is the “purpose patent” – your personal connection to work the serves a deeper purpose. That patent doesn’t need approval from the USPTO, it only needs approval from you.

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