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Patent Exhaustion in India

  First Publication Date: 7th October 2010   A patent grants the Patent holder exclusive rights to prevent others from making, using, selling, offering for sale in the territory of patent grant or importing an invention into the territory of patent grant. Once an unrestricted sale of the patented invention is made, the rights of the patent holder with respect to the product are exhausted and this is called as the Doctrine of Exhaustion or First Sale Doctrine. As per the Doctrine of…

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Indian Patent Statistics, Interesting inventions, Patent grants double in India, Samsung, Tivo, Nokia, Oppo sign patent licensing agreement, Apple and Qualcomm trial date set and more

  “Indian patent statistics, Interesting inventions, Indian patent grants went up by 50% in 2017 - WIPO Report, Himachal based University files 105 patents in 2018, Court sets April 15, 2019 as showdown date between Apple and Qualcomm, Samsung and Tivo renew patent license agreement, Nokia and OPPO ink patent licensing agreement, Uniloc Corporation accuses Netflix of patent infringement, New patent rules will soon be implemented in Canada, Tough punishment for IP infringement in China and other Weekly Patent News…

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Musli

Indian Herbal Viagra Receives Patent Grant

First Publication Date: 5th October 2010. Kunnath Pharmaceuticals, Kerala recently received a patent for their product, Musli Power Xtra, an Indian herbal aphrodisiac for men and women. Musli Power Xtra popularly known as the ‘Indian Herbal Viagra’ is  reportedly India’s first ayurvedic herbal formulation to receive a patent for the treatment of sexual dysfunction. The herbs and ingredients which form part of the formulation includes the following: Chlorophylum borivillianum (Safed Musli), Mucuna purita, Withania somnifera, Moringa oleifera, Embilica officinalis, Tribulus…

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Financial Assistance from Technology Development Board (TDB) for Industrial Concerns for the Development of Indigenous Technologies

First Publication Date: 4th October 2010 Technology Development Board (TDB) mandates to provide financial assistance to the industrial concerns and other agencies attempting development and commercial application of indigenous technology or adapting imported technology for wider domestic application. TDB was established as per the provisions of Technology Development Board Act, 1995 by Government of India through Department of Science and Technology. The funds collected by the TDB are through industrial concerns under the provisions of the Research and Development Cess Act, 1986,…

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Patentability of scientific principles and natural relationships in the light of Laboratory Corp. v Metabolite

First Publication Date: 2nd October 2010 Introduction The scope of patentable subject matter in USA can be considered to be the broadest in the world. The US patent system has been responding to new technologies faster than that of any other country. The US was the first to open its gates to patentability in fields such as Biotechnology, Information Technology or Business Methods. The adaptive and flexible nature of the patent regime can be attributed to the open language used under section…

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medicines

Should Medical Methods Be Patented?

First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing to the economic development and prosperity of mankind. Though the patent system has played a critical role in the progress of science generally, its benefits have not been extended to medical…

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Complications In Patenting Biotech Inventions: A Peek At US Law

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code.…

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The Indian Patent Office and Secrecy Directions

First Publication Date: 16th August 2010 As per Section (35) of the Patents Act, 1970, the Controller may notify a patent application (i.e. a patent application before the grant/refusal) as a secret. The patent application may be of a class notified by the Central Government as relevant for defense purposes or may be up to the discretion of the Controller. The patent applicant is further prohibited from publishing information related to the patent application or communicating information related to the…

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Patent Claims x

Bilski’s Invention Falls, Business Methods Survive

First Publication Date: 29th June 2010 The much awaited Bilski decision has been pronounced by the US Supreme Court (Bilski v. Kappos). This closely watched and highly discussed case revolves around patentability of Bilski's hedging of risks business method invention. From the day when the patent examiner rejected Bilski's claims calling them 'mere manipulation of an abstract idea' the controversy has given rise to a lot of potent questions including the likes of patentability of software and business methods and restrictions…

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Indian Patent Statistics, Interesting inventions, New IP initiative by Indian Defence Ministry,Virtual market place for IP in Karnataka, USPTO unveils 2018-2022 strategic plan and more

“Indian patent statistics, Interesting inventions, Mission RakshaGyan Shakti – A new initiative by the Defense Ministry of India, Government of Karnataka to unveil a virtual marketplace for IP, IP Awareness Seminar held in University of Kashmir, Abbott Laboratories in yet another turmoil, this time over a stent patent and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week “Design transcends agenda. It speaks to…

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