First Publication Date: 7th November 2009
An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent.
The details of the case can be found if you have access to Manupatra, or just…
First Publication Date: 3rd November 2009
Last weekend, at a training session in Hyderabad, I was once again confronted by the ever sizzling issue of Indian Patent Office's stand with regard to patenting of Gene Sequences. The outcome of that heated argument is this post of mine.
Prior to signing the TRIPS, any invention even remotely linked with living organism (including micro organisms) was not patentable subject matter in India. Article 27 (3) of TRIPS required its signatory to allow patents for…
First Publication Date: 1st November 2009
The government in the guise of the patent office is guided by the Patent Act and rules of the respective country to confer the necessary rights to the inventor(s) for his/her invention. The extent of the rights is determined by the scope of the claims in a patent application which the inventor(s) files with the patent office.
The two broad factors that largely tend to affect the scope of the claims are:
1) The prosecution history of…
First Publication Date: 5th November 2009.
In US, it is possible to block publication until grant of a patent application provided certain conditions are met. According to § 1.213 of MPEP, if the invention disclosed in an application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the application will not be published, provided:
(1) A request (non-publication…
First Publication Date: 1st November 2009
According to Section 10(4)(d) of The Indian Patent Act, every complete specification shall include an abstract section to provide technical information on the invention.
According to Rule 13(7) of The Patent Rules, the abstract section shall begin with the title of the invention. The abstract shall also indicate the technical field of the invention, the technical problem the invention solved by the invention, how the invention solves the mentioned problem and the use(s) of…
“Indian patent statistics, Interesting inventions, CGPDTM & DIPP issue notice for empanelment of facilitators under SIPP (Startup Intellectual Property Protection) scheme, UGC asks Universities to provide IPR as an optional subject, Patent infringement disputes, Treadmill patents, NASA to License Patent Portfolio 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 must be functional, and functionality must be translated into visual aesthetics without…
First Publication Date: 21st December 2008.
Issue
Whether a live, human-made micro-organism is patentable subject matter under section 101 of the Patent Act.
Holding
Yes, a human made microorganism is patentable under section 101.
Case Facts
Chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil compounds, could be transferred and maintained stably in a single Psuedomonas bacterium, which itself has no capacity for degrading oil. Chakrabarty's patent claims were of three types: first, process claims for the method of producing…
First Publication Date: 10th November 2008
The Apache License applies to all software contributed by Apache or any other person under the license.
Copyright and Patent License
The license grants both copyright and patent rights over any software distributed under the license the licensee (any person receiving or using a software under the license.). The license grants the following rights under the copyright law:
Right to reproduce the software;
Right to modify the software;
Right to publicly display;
Right to…
First Publication Date: 30th August 2008
Case History
Rotec is an assignee of the 291 patent and sells a system disclosed by the that patent under the name power belt.
On AUGUST 9, 1995 the People's Republic of China solicited bid proposals for five units of a concrete placing system to be used in the Three Gorges Dam project on the Yangtze river. Mitsubishi corp and Mitsubishi International collectively called ME, a French corp. Potain, Johnson who was working on a design of…
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