Products made from rubber have come to be a part of our day to day life in the form of automobile tires. It is used for several other applications as well. However, natural rubber becomes solid, cracks in winter and melts in summer. This unstable nature of rubber made lives of rubber product manufacturers difficult. Strong minds, however, don't go down without a fight! It was at this stage that "vulcanization of rubber" was invented by Charles Goodyear. He was awarded a US patent for vulcanized…
Is Section 3(d) an extension of the Inventive Step analysis?
The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows:
Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable…
Magic is an art in which a magician performs seemingly impossible tricks for entertainment. When it began, people used to associate magic with evil and so the industry faced several hiccups . However, as a result of constant effort of many magicians of that era, people slowly became interested in magic, and came to accept it as a legitimate art in the 18th century. In this post, I will introduce a legend, who was not just a prominent magician, but also an inventor. It…
A patent right is a monopolistic right that is granted only after stringent scrutiny of the patent application. The right is not enjoyed by a patent applicant/patentee unless it is proved beyond reasonable doubt that this proprietorship is well deserved of the invention. Since this grant of patent right affects third parties monumentally, they are given an opportunity to participate and intervene in the grant process by filing oppositions and request for revocations.
An application can be opposed before grant…
India has upgraded Electronic filing facility of patents which was launched 5 years ago. The Indian Patent Office (IPO) first launched the e-filing services for patents in the year 2007 which enabled online filing of new applications for patents. The service is successfully being used by stakeholders. Appreciating the significance, the IPO has further developed the system so as to cover comprehensive e-filing for patents, wherein, in addition to online filing of new applications, subsequent filings have also been integrated. On…
A patent is a monopolistic right granted by the government for a specific period of time in return for the disclosure of an invention which is in conformance with the patent laws of a country. The protection for the invention is initiated by making a strategy as to how and when a patent application should be filed and this monopolistic right comes to an end 1 year after the payment of the 20 th year annuity/maintenance fee. The life cycle…
This presentation gives an overview of the patent and introduces students to the patent life cycle. It also delves briefly into justifications for patent protection.
The presentation is available here.
By Dr. Kalyan
The Novartis decision of the Indian Supreme Court rejecting patentability of the cancer drug, Imatinib Mesylate in its beta crystalline form (commonly called 'Glivac'), has been commended for its outlook on public interest and access to health. It was in fact an important decision for cancer patients as it removes the last possible hurdle to access the drug at one-tenth of its cost, which was around Rs. 1, 20, 000/- per month. The main issue in the case revolved around…
The laws of nature exclusion is one of the basic exceptions to patent eligibility in many jurisdictions. While the extent of its applicability may vary from country to country, it is recognized as one of the important elements for subject matter enquiry with respect to biology based inventions. Laws of nature include products of nature, natural relationships and natural phenomena, among others. The test that is commonly followed for determining whether an invention falls within the scope of laws of…
This post was first published on February 9, 2012.
Research centres today are waking up to the revenue potential of their research data and are ready to go to the extent of fighting legal battles to claim, protect and benefit from their intellectual property. One such battle is the lawsuit filed by the Leonard and Madlyn Abramson Family Cancer Research Institute at Pennsylvania against its former scientific director, Dr. Craig B. Thompson (who is currently the President & CEO of Memorial…