First Publication Date: 30th August 2008
Case Facts
A mechanical device was patented and a first reissue was filed within four months of the patent on April 9, 1872. The reissue was granted. Then after four years The second reissue was filed a little more than a month after the first was granted. In this reissue the specification was largely refrained, drawings changed in form not in substance and the claim was changed by adding a necessary phrase.
Issue
Whether a second…
First Publication Date: 24th July 2008
Case Facts
Inamed Corporation was a licensee of Dr. Kuzmak as Dr. Kuzmak had four patents covering devices and methods for surgical treatment of obesity. The patent in question was directed to a method for performing gastric banding surgery using a calibration tube and electronic sensor apparatus. In 1998, Inamed tried to re negotiate the terms of the license and when the renegotiation failed Inamed terminated the contract on December 6, 1998. Dr Kuzmak sent a…
First Publication date: 26th July 2008
Issue
Does the earlier experiment by Gulf Corp. invalidate the patents of Rosaire as the inventions were known or used?
Holding
Yes, as the earlier experiments constituted prior knowledge and use according to Sec 102 (a), they invalidated the patents.
Rule
102 (a)
Facts
Rosaire and Horvitz patents relate to the methods of prospecting for oil or other hydrocarbons. The methods claimed involve the steps of taking a number of samples of…
“Indian patent statistics, Interesting inventions, Patent infringement disputes, Nestlé’s Skin Health accused of patent infringement, Teva and Eagle Pharma file patent infringement suit against Mylan and Fresenius, Qualcomm versus Apple – setback for Qualcomm 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 helps shape our everyday interactions through products, furniture, objects, or experiences.” - Co-founder and chief product officer of Airbnb…
First Publication Date: 7th January 2008
Monopoly and related rights have always been frowned upon by the law. The Statute of Monopolies, enacted in England in the year 1623, established that monopolies are not acceptable in law, but made a glorious exception in favour of patentable inventions. Therefore, although the statute prohibited monopolies, it specifically preserved the right of the royalty to grant patents for inventions by manufacturers.
In pursuance of this individual government backed incentive mechanisms that prevailed in different parts…
First Published Date: 24th December, 2007
Abstract
Patentability of computer programs is fraught with ambiguity because of multiple reasons. One of such reasons is the uncertainty and inadequacy of tests to determine patentability. Courts in the US have been struggling to evolve a test that would cover the complete continuum of innovation in computer programs, which manifests in terms of form or function or both.
All tests adopted by the court either focus on only form or function, thus missing out the…
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Patent quote…
Applicants often approach us asking us how they can check the status of their patent applications online. Through this post, we attempt to show you how to exactly do this. The Indian Patent Office introduced the Indian patent search database called inPASS or Indian Patent Advanced Search System for the first time in 2015. inPASS replaced the then official database of the patent office called iPAIRS (Indian Patent Information Retrieval System) to provide a more simple, robust, and user-friendly database.
So how does…
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“Interesting Inventions of the Week, International Conference on Emerging Trends of Intellectual Property Rights, Samsung spared in $115 million patent judgment, Apple granted 28 patents in a single day, Bt Cotton cannot be introduced in India says Bayer AG, WIPO Assemblies 2018 Open - Director General Underlines Positive Results and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Interesting patent fact of the Week
On March 3, 1856, a civil…