This post was first published on 8th November, 2012.
The Jamun patent saga, earlier reported to be the subject of government revocation has spurred discussions and debates across India on various counts, ranging from mode of revocation to CSIR's blind eye to Indian applications. My attempt in this post is not to add another opinion to the existing ones but to bring forth that a composition of Jamun can be susceptible to patent protection. All of us in India…
This post was first published on 13th October, 2014.
Most of us have learned about the Industrial Revolution that took place in the 18th and 19th centuries, that ultimately resulted in the transition to the new manufacturing processes found even today. While I was reading about the industrial revolution, the question that flashed in my mind was, "Is there any invention that fueled the revolution?".
Well, surprisingly (or not), the answer is a Yes! It's nothing but the Steam Engine. Let…
This post was first published on 5th September, 2014.
Today we will be discussing a case where the patent grant was rejected by the Canadian Patent Office as higher life forms are patent ineligible subject matter under the Act.
Canada (Commissioner of Patents) (Appellants) vs. President & Fellows of Harvard College (Respondents)
Case: The case was about a patent application filed by the Harvard College for a transgenic mouse. In the transgenic mouse, the genome was genetically altered with the insertion of an oncogene.…
This post was first published on 11th October, 2014.
How about committing the crime of killing all the criminals so as to prevent crime? Sounds outrageous, doesn't it? Well, then how about patenting the patent troll in order to prevent patent trolling? The USPTO is proof enough for granting some of the weirdest and craziest patents. But this one seems to be the cherry on the icing on the cake. Halliburton Energy Services Inc. has made an Application No. 11/741429 before the…
This post was first published on 2nd April, 2014.
Vinay Mehta ordered pizza one evening. It was soggy from the steam trapped inside the box, a far cry from the crispy, steamy pizza he'd hoped for. Although this dampened the pizza's aroma, it was nowhere near dampening his spirit. Instead, Mr. Mehta resolved to end this problem once and for all. All it took was a little "thinking outside the box". Or was it inside?
Here's how it goes:
While the food…
This post was published on 24th January, 2014.
Eaton Electric BV Vs. Deputy Controller of Patents and Designs, Intellectual Property Appellate Board (IPAB) Decision - Mp. No. 86/210, Decided on 14th July, 2011.
Invention:
A hygrometer is used in combination with the arrangement of a moisture absorbing agent, which is provided inside the enclosed housing of a Switch Gear.
Prior Art:
1. Switch gear in enveloping housing filled with dry air to control Arc energy.
2. Introduction of moisture absorbing agent to reduce water content in the air.
Question:…
This post was first published on 24th July, 2014.
Case Analysis of Dr. Aloys Wobben and another vs. Yogesh Mehra and others.
CIVIL APPEAL NO. 6718 OF 2013
Facts: Dr. Aloys Wobben (Appellant) owns approximately 2,700 patents in more than 60 countries of which 100 patents are in India in the field of wind turbine generators and wind energy converters. Appellant was carrying out the manufacturing process in India through a joint venture partnership with the Yogesh Mehra and Ajay Mehra (Enercon India Limited)…
This post was first published on 24th April, 2012.
The relevant paragraphs of the case are reproduced below, a case brief will follow soon:
60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage…
This post was first published on 24th July, 2014.
We are well aware of the importance of the Priority Right and therefore also know what losing a priority right can cause. It may throw even the strongest of inventions off balance. A valid priority claim would give us the priority date which is the date of filing of the first application. This date is also known as "effective date of filing” in many jurisdictions. In other words, as the name suggests, the prior…
This post was first published on 14th January, 2011.
Filing of a Patent application in India has been simplified by the option of E-filing software. With the use of digital signature an authorized patent agent or applicant can directly file a patent application in the E-filing software.
Normally, a patent application can be filed by the true and first inventors or the assignee having acquired the authority from the true and first inventors.
The following documents/forms are required at…