This post was first published on 22nd January, 2011.
Patentable Subject Matter
The discussion with respect to patentability of biotech inventions in Europe has been limited to the European Patent Convention (EPC). As per the European Patent Convention, any invention is patentable unless it falls within the list of excluded inventions. According to Article 52 of EPC, any invention irrespective of the technology to which it belongs can be considered as patentable subject matter so long as it is new,…
Patentability of Biotechnology Continue Reading Patentability of Biotechnology Inventions in India
This post was first published on 2nd July, 2014.
A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Hence for a mark to be registered as a trademark under the Trade Marks Act, 1999, it has to satisfy three requirements which include:
It should be a mark
It should be capable of being represented graphically
It should be capable of distinguishing the goods or…
This post was first published on 23rd March, 2011.
Michael Jackson will always be remembered as the King of pop and will always remain the greatest entertainer of all time. He thrilled everybody with his superb innovative dancing skills and inspired people to innovate their own unique style. He rollicked with his Moonwalk in Smooth Criminal. The moonwalk was earlier known as backslide, but it was Michael Jackson who made it famous after performing it in his song “Billie Jean”.…
This post was first published on 22nd August, 2014.
The Controller General of Patents, Designs and Trademarks (CGPDTM) published the revised draft guidelines for the examination of patent applications in the field of Pharmaceuticals on August 12, 2014. The main intention of said guidelines was to bring in a uniform practice for the examination of patent applications relating to the Pharmaceutical field.
Earlier in the month of February, the CGPDTM had published the draft guidelines with regard to this and had…
This post was first published on 22nd June, 2012.
1. Have a business? Applying for a trademark is a sheer waste of time. You must already be busy with routine chores of the business. Thinking of adopting a mark and going through the entire process of getting it registered is just tiresome and unnecessary. Business will boom if it has to.
2. If you are thinking of a name for your mark, trying to adopt a descriptive name as your trademark will…
This post was first published on 9th April, 2011.
Smoking has become one of the biggest problems haunting youngsters today. Many of us know the famous scene from a Tamil movie starring Rajinikanth where Rajinikanth takes on the challenge of flipping his cigarette into the air and catching it with his mouth and repeats this ten times. Though, this kind of scenes get applauded by the audience in the theatre but when it comes to real life, smoking is considered to…
This post was first published on 22nd March, 2012.
We are all aware that what is already existing in the public domain falls outside the scope of patentability. This is because it is already known and hence the aspect of novelty, which is the primary requirement to qualify for a patent is absent. Moreover, what is already there in the public domain cannot be taken back, because patents grant exclusivity to the inventor. Patenting of traditional knowledge is nothing new, and…
This post was originally published on 18th December, 2011.
Bayer and Cipla have recently settled trade mark litigation with respect to Advantage and Advantix trade marks. These trade marks were registered by Bayer at the USPTO and are being used for veterinary products. Cipla has been marketing one of its pet products under the trade mark, DA Double Advantage with the aid of an online supplier called Archipelago. Aggrieved by Cipla's actions, Bayer filed a suit in a US court…
This post was first published on July 15, 2014.
How is the novelty of an invention established? Another question with a similar connotation is - How does one determine if an invention is anticipated? Simple. Let's see if something exactly alike exists. Apparently, the district court of the District of Arizona didn't think so.
We'll look at a case that will put to rest a lot of doubts surrounding the anticipation of inventions. The case, Net MoneyIN, Inc. v. Verisign,…