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The Non-Obviousness Requirement and its Evolution – Graham vs. John Deere

This post was first published on 16th July, 2014. Today's special is the case that has set a high precedent in US Patent Law practice, acquiring the status of the highest cited case in subsequent cases decided by several courts, especially the CAFC. Graham vs. John Deere Co. is cited extensively since it clarifies the judicial standing on the requirement of non-obviousness of an invention. William T Graham (Graham) sued John Deere Co. (Deere) for patent infringement. Details: Graham invented a…

BananaIP Reporter Intellectual Property, Patents July 20, 2019 3101Views 0Like

Common Reasons for Delay in Grant of Patent

This post was first posted on 20th July, 2o14. A Patent gives its owner a monopolistic right and protection against unauthorized use of anything under its protection. This is the reason that a patent only gets granted once it passes several levels of stringent scrutiny. This phase is called the examination of the patent application. Examination of the application determines whether the patent application is worthy of a patent grant and thus, unless the application fulfills all patentabilty criteria, it does not receive a grant. For…

BananaIP Reporter Intellectual Property, Patents July 20, 2019 1323Views 0Like

The image depicts a sack containing cotton seeds.

Patents May be Relatively New to Indians, but Inventions are Not

This post was first published on 10th March, 2014. It gives the SiNApSE blog Team great pleasure to bring forth to our readers a 1971 US patent in which Mr. C. T. Dwarakanath from CFTRI, Mysore, was an inventor. Mr. Dwarakanath was a co-inventor in the patent entitled, "Process for reduction of aflatoxin content of oilseed meals by ozonization", bearing number 3,592,641. The invention was conceived and reduced to practice during one of his visits to Louisiana, USA on a project…

BananaIP Reporter Intellectual Property, Patents July 20, 2019 625Views 0Like

The image depicts the Wright Brothers walking together.

Were the brothers (W)right?

This post was first published on 20th March, 2014. Last week, my post was about the role of communication technology in making different regions of the world “excess able” from “access able”. It is important to bear in mind the role played by transportation systems in nullifying the effects of physical distance. Though different transportation means such as roadways, airways and waterways are available, when it comes to covering long distances in short time periods, aviation a.k.a. air transportation is one of…

BananaIP Reporter Intellectual Property, Patents July 20, 2019 796Views 0Like

The image is a bottle of liquor 8 PM. The post is about a Delhi High Court decision about trademark in numbers. Click on image to view post.

Inebriated @ 8

This post was first published on December 22, 2011. In a very recent decision of the Delhi High Court in the case of Carlsberg India Pvt. Ltd. v. Radico Khaitan (decided on 20th December, 2011), a division bench revisited the ever debated question of trademark rights in numbers. A quick glance over the facts reveals that Radico has been the registered proprietor of the trademark '8 PM' for whiskey and other liquor. In February, 2011, Carlsberg launched Beer under the mark…

BananaIP Reporter Intellectual Property, Trademarks July 20, 2019 834Views 0Like

This image depicts two people trying to join a puzzle. This image is relevant as their is a threat to the co-existence of the Breeder's rights and patent rights. Click on this image for more information

Threatened Co-existence of Breeders Rights and Patent Rights

This post was last published on September 1st, 2014. Innovation has always been focused on existing plant varieties which scientists use for improvements and for which breeders' exemption (the right to use protected plant varieties in their research and claim ownership of the results) is granted. But patents don't provide for a breeders' exemption and researchers will have to pay for access to patented materials used in their research if they are allowed access at all. Patent stacking has become common…

BananaIP Reporter Intellectual Property, Patents, Plant Varieties July 20, 2019 959Views 0Like

This image describes a can of Coca Cola. This image is relevant because this post talks about whether or not Coca Cola's trade secret is still a trade secret. Click on the image to view full post.

Is Coke’s Formulation Still a Trade Secret?

This post was first published on February 16, 2011. Coca Cola's secret formulation is the most cited example to elucidate the business value of trade secrets. Coca Cola has been taking stringent measures to protect the secrecy of its formulation and it is believed that the formulation makes it the most popular soft drink in the world. Recent news reports seem to suggest that Coke's formulation is not a trade secret any more. Alleged claims of a weekly public radio…

BananaIP Reporter Trade Secrets July 20, 2019 1791Views 1Like

Myriad Genetics Case : Genetic Patentability

This post was first published on 19th August, 2013. Finally, I have managed to read the Myriad Genetics case at peace. Off late, setting out to analyze the US Supreme Court's patent decisions has become a much easier task than earlier. Firstly, the Court has gotten clearer in the recent past, and secondly, it is no longer a one sided patent friendly Court. The decisions of the Court in KSR, Bilski, Mayo, and finally this case indicate that trend. In the…

BananaIP Reporter Intellectual Property, Patents July 19, 2019 986Views 0Like

Demystifying the Evergreen myth

This post was first published on 19th May, 2014. Evergreening, known in the politically-correct-circles as “Life Cycle management” of a drug, is the concept of extending the exclusivity term rendered to a pharmaceutical patent through legal and business measures. Contrary to existing myths and notions, Evergreening does not stop an interested party from exploiting the invention of an expiring patent. It is purely a business strategy to introduce and position newer products (sometimes patented) into the market so as to prolong…

BananaIP Reporter Intellectual Property, Patents July 19, 2019 1032Views 0Like

Public Use Exemption for Patentability

This post was last published on July 18th, 2014. Today we will take a look at two patentability cases with a very similar premise, the premise being if the public use of an invention bars its patentability. What these two cases have in common is only the premise, and with a little scrutiny, we will see how contrasting the cases actually were. 1. Egbert v. Lippmann, 104 U.S. 333 (1881) In the year 1855, Samuel Barnes, designed corset springs,…

BananaIP Reporter Intellectual Property, Patents July 18, 2019 827Views 0Like

Celebrating 20 Years of IP Excellence

The Non-Obviousness Requirement and its Evolution – Graham vs. John Deere

Common Reasons for Delay in Grant of Patent

Patents May be Relatively New to Indians, but Inventions are Not

Were the brothers (W)right?

Inebriated @ 8

Threatened Co-existence of Breeders Rights and Patent Rights

Is Coke’s Formulation Still a Trade Secret?

Myriad Genetics Case : Genetic Patentability

Demystifying the Evergreen myth

Public Use Exemption for Patentability

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