This post was first published on 16th July, 2014.
We will today discuss a case in the Indian Patent history that showcases how the IPAB and the IPO analyse the Inventive Step or Obviousness of an invention.
Green Cross Holdings (Appellant) v/s Controller of Patents and Deputy Controller of Patents (Respondents)
Case: This judgment, passed on June 18th, 2014 by the IPAB, was based on an appeal made by Green Cross Holdings against the order made by Deputy Controller of Patents on…
This post was first published on 15th October, 2014.
In the final post of this series, we shall be looking into the concept of software patents and examining the extent to which patent law is effective in protecting computer programs.
As mentioned earlier, protection of computer programs under the Copyright Law is limited to the protection of the literal elements of a computer program, i.e., the source code and the object code, and does not extend to the underlying idea and…
This post was first published on 2nd September, 2014.
Today we will discuss a case where a patent was rejected based on the patent ineligible subject matter.
Mayo Collaborative Services (Appellants) and Prometheus Laboratories (Respondents)
Patents in Dispute: US 6,355,623 and US 6,680,302
Case: Prometheus had an exclusive license over these patents and Mayo was using diagnostic kits based on these patents from Prometheus until 2004 after which Mayo developed its own diagnostic tests for the same purpose. Prometheus sued Mayo for infringement at the…
This post was first published on 2nd September, 2014.
Mr. Fransworth is regarded as the Father of Television. I would rename him as Father of Electronic Television, as most of us, including me, have learned in our school days that Mr. John Logie Baird is the Father of Television. The truth is Mr. Baird’s television was based on electro-mechanical systems, whereas Mr. Fransworth’s television was electronic. Mr. Fransworth showed glimpses of his brilliance since childhood by describing and diagramming a television in 1921, when…
This post was first published on 15th July, 2014.
A provisional patent application is usually filed with a singular purpose - To gain the first (earliest) filing date or to gain priority for the application. As we are aware, gaining priority or an earlier filing date is imperative to the patent grant process. Why then, do we find so many of us opting to post-date their provisional application before filing a complete specification?
Post-dating refers to the shift in the Priority date of an…
This post was first published on 19th September, 2014.
A thought is emerging in the US that the Alice vs. CLS decision was a game-changer and that software patent protection in the country has been seriously eroded. Let us see what happened between them and how it affects us.
Who is Alice?
Alice Corporation claims to be an innovator in financial markets. The Company has obtained patents on its innovations worldwide, including in the United States. It was founded by privately-held…
This post was first published on 3rd September, 2014.
All of us have experienced times when things don’t work the way we want them to when we really need them to. Exactly the same way, extended protection given to the patentee under the Doctrine of Equivalents (DOE) doesn’t always help you when you need it the most. Many a time, the application has to be amended in order to accommodate the Patent Law requirements, which is called the Prosecution History or File-Wrapper.…
This post was first published on 31st October, 2014.
Some people work towards finding solutions to a better way of life, round the clock. The youth of today is independent, confident and progressive. The world feels like a wonderful place to live in. But we wouldn’t have been able to “stand on our own legs”, literally, if not for a wonderful human being called Dr. Jonas Salk. October 28, 2014, on the day we celebrate as the birth centenary of the…
This post was first published on 1st July, 2014.
After the recent, almost philanthropic action of Tesla's, there seem to be several nagging unanswered questions looming in our heads. Here are a few that we have addressed for you, Dear Reader.
Who is Tesla?
Tesla Motors is the name of a Californian Automobile Company founded in 2003 by a group of Silicon Valley Engineers who set out to prove that electric vehicles could be awesome.
Their sports car Tesla Roadster hit…
This post was first published on 20th June, 2014.
Have you ever heard about 'Patent Medicines?' While not confusing the term with patented drugs, we should note that this term was associated with drug compounds in the 18th and the 19th century. They were not patented but Trademarked Medicines and were termed Nostrum Remedium in Latin . These medicines were sold with interesting names and tall claims of curing a long list of illnesses!
Originally, patent medicines were named after the 'Letters Patent' granted by the English Crown.…