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What is a Black Swan?
In the field of innovation, a Black Swan refers to a rare, high impact and unpredictable innovation that can bring unprecedented success to any business. Most of the path-breaking, radical technologies that we see around us are the Black Swans of innovation. And every knowledge-based company is looking out for Black Swans and means of protecting them. The law of patents offers the most-comprehensive means of protecting the Black Swan. While it is one thing to offer patent protection for the genuine Black Swans—the real, radical innovations that are novel and non-obvious, it is entirely another thing when old and obvious innovations are patented as new—an ordinary swan painted black! 'Painting the swan black' metaphorically refers to passing off a white swan as black (patenting inventions that are obvious) or doing a paint job to refurbish an old black swan to look new (making superficial changes to an earlier invention to qualify for a fresh grant). Both can have adverse effect on business and the development of technology. The Touchstone Effect: The Impact of Pre-grant Opposition on Patents explores the strategic use of pre-grant opposition as a touchstone to test the genuineness of an invention. In a comprehensible fashion, it guides you to develop an in-house, efficient and cost-effective strategy for challenging patents before their grant. It also gets to the other side to tell you what you should do if your patent application is opposed—that is, if you really have a Black Swan to protect.
About the Author
Feroz Ali Khader is the best-selling author of The Law of Patents – With a Special Focus on Pharmaceuticals in India, a unique legal work which offers free online updates innovatively through a blog (www.thelawofpatents.blogspot.com). Since his last academic outing at Trinity College, University of Cambridge, he has settled down in Chennai and practices in the Madras High Court. When he is not involved as an advocate in contentious proceedings, he is engaged in lecturing, teaching and conducting workshops on patent law and practice.
Table of Contents
Table of Cases
The Black Swan of Innovations
Why Some Swans are Painted Black
The Art of Re-inventing Inventions
The Touchstone Effect of pre-grant Opposition
The Importance o Pre-grant Oppositions
The Grounds of Opposition
The Practice of pre-grant Opposition
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