Patents Archives

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Scope of Government Use Exemption in India

First Publication Date: 14th December 2009 In a recent case involving Chemtura Corporation, Union of India and Others, the Delhi Court interpreted the scope of government use exemption under Section 47 of the Patents Act. The patent holder in the case, Chemtura, filed a patent infringement suit against Union of India and others with respect to an invention concerning side bearing pad assembly and sought a temporary injunction during the pendency of the suit. The infringement action was filed…

October 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1662Views 0Like

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Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

First Publication Date: 15th December 2009. This case can be considered to be the most important case in inventive step jurisprudence in India. Though the case was decided in 1978, the principles laid down in the case are followed even today and have been codified in the Indian Patent Act. The patent in the case related to a means for holding utensils for turning purposes . According to a preferred feature of the invention disclosed in the patent, the pressure end of…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 8211Views 0Like

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Bajaj-TVS Litigation

First Publication Date: 14th December 2009 The litigation between Bajaj and TVS, which was very widely reported in the news showed the value of patents for gaining business advantage. The case briefs with respect to the litigation between the parties have been provided hereunder for the reader’s benefit. The cases relate to grant of injunction by the Court. Bajaj Auto Vs. TVS Motor Company Bajaj Auto Ltd. ("Bajaj") acquired a patent with regard to an invention relating to…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1374Views 0Like

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Ex-parte Injunction Vacated Due to Lack of Prima-Facie Case of Infringement

First Publication Date: 9th December 2009. Asian Electronics Ltd v/s Jumbo Electric Company (Delhi High Court, 12th November, 2009) Facts of the case: Asian Electronics (hereinafter referred to as the plaintiff) is the holder of an Indian patent 193488, which talks about a kit for converting a fluorescent lighting fixture from inductive operation to electronic operation. The corresponding US patent can be seen here. The plaintiff stated that Jumbo Electric Company (hereinafter referred to as the defendant) was manufacturing and selling the identical…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1055Views 0Like

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The image depicts the cover of the presentation with title of Concepts related to Patentability by Somashekar Ramakrishna

Patentability of New Form, Use or Property – Section 3(d)

First Publication Date: 11th December 2009 Section 3(d) of the Patents Act provides that mere Discovery of a new form or new use or new property of a known substance is not patentable. The discovery of a new form of a known substance will be patentable only if it results in the enhancement of the known efficacy of that substance. Salts, esters, ethers, polymorphs, metabolites, pure forms, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2070Views 0Like

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Who Must Pay for Appointment of Scientific Advisors? Vittal Mallya Scientific Research Foundation Vs. Indfrag Limited

First Publication Date: 9th December 2009 The case related to infringement of a patent relating to a process concerning the double metal salt of HCA. During the pendency of the suit, the court ordered for the analysis of the processes of the product called Double Metal Salt of Hydroxycitric Acid of the parties in the case by the Department of Chemistry of IIT, Madras. The objective of the analysis was to check if the alleged infringer’s process was different from that…

October 25, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 858Views 0Like

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The images depicts the earth from the space with the bottom glowing, as if on fire, as the post is about whether the use of inventions in movies violates patents

Can use of an invention in a movie infringe a patent?

First Publication Date: 3rd December 2009 Global Findability has filed a patent infringement suit in a District Court of Columbia against Summit Entertainment claiming that the Science Fiction movie of Summit violates its US patent relating to Integrated information processing system for geospatial media. According to Global Findability, Summit's use of its patented technology in the movie, Knowing, amounts to patent infringement. Would such an use be infringement in India? Section 48 of the Indian Patents Act provides that a patent holder…

October 25, 2018 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Patents 0Comment 1287Views 0Like

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Patent and Public Domain Balance 2 – Patentability Requirements

First Publication Date: 8th December 2009. An invention will be eligible to get a patent only if it satisfies the patentability requirements, which are patentable subject matter, industrial applicability/utility, novelty, non-obviousness/inventive step and specification. The government uses the patentability requirements to verify the worthiness of an invention for patent grant. The patentability requirements are like filters arranged in succession as shown in the figure below. Figure - Kalyan's Patent Filter Model A patent will be granted over an invention only if it passes…

October 25, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1393Views 0Like

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Patent and Public Domain Balance – 1

First Publication Date: 1st December 2009 Patent Law is believed to promote the progress of science and technology by providing exclusive rights to inventors for a limited period of time. It operates on the principle of 'Quid Pro Quo' or 'Give and take'. An inventor gives an invention to the public and takes exclusive rights over it for a limited period of time.The grant of exclusive rights is believed to provide incentives to invent, invest, design around and disclose. Possibilities of…

October 25, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1180Views 0Like

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Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

First Publication Date: 9th November 2009 In my earlier post I had discussed about the prosecution and litigation and the effects of prosecution on the outcome of litigation. Friends, here is a case where the Delhi High Court has allowed a Patent holder to amend his claim (or, should I say extending the scope of claim) after a suit for infringement has been filed. An Indian Patent (no. 190380) has been granted to AGC flat glass (formerly, known as Glaverbel). AGC files a…

October 24, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1409Views 0Like

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Celebrating 20 Years of IP Excellence

Scope of Government Use Exemption in India

Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

Bajaj-TVS Litigation

Ex-parte Injunction Vacated Due to Lack of Prima-Facie Case of Infringement

Patentability of New Form, Use or Property – Section 3(d)

Who Must Pay for Appointment of Scientific Advisors? Vittal Mallya Scientific Research Foundation Vs. Indfrag Limited

Can use of an invention in a movie infringe a patent?

Patent and Public Domain Balance 2 – Patentability Requirements

Patent and Public Domain Balance – 1

Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

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