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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 861Views 0Like

Amazon in Trouble Over Prime, KFC to Franchise 61 More Outlets, Indori Poha Likely to Join GI Race and Other News

Indian Trademark Statistics for July (Third Week), 5 Crore Penalty for a Trademark Infringement, Ryanair Sued Over Trademark Infringement, TeeStory Launches Official Disney Merchandise, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”- Daniel J. Boorstin INDIAN TRADEMARK STATISTICS Last week, the…

BananaIP Reporter Intellectual Property, Trademarks July 17, 2019 834Views 0Like

Keeping Secrets from the Patent Office? Think Again!

This post was first published on 17th July, 2014. The Indian Patents Act, 1970 obligates an applicant under Section 8, Rule 12 to furnish information and submit an undertaking regarding foreign application or foreign filing. Under this section, an applicant has to submit details of the application filed 'in any country outside India in respect of the same or substantially the same invention' as required under section 8(1)(a); and an undertaking stating that the Applicant will keep the Controller informed of the application…

BananaIP Reporter Intellectual Property, Patents July 17, 2019 829Views 0Like

Novartis Case Review

This Post was first published on 15th May, 2013. NOVARTIS AG (APPELLANT) Vs. UNION OF INDIA & OTHERS (RESPONDENTS) Decided by the Supreme Court of India, CIVIL APPEAL Nos. 2706-2716 OF 2013. Brief Facts The Appellant, Novartis, filed an application for patent in 1998 for a crystalline salt form of Imatinib and its use in cancer treatment. It specifically claimed the methanesulfonic acid addition salt form of the compound, Imatinib, called as Imatinib Mesylate (commonly referred to as Glivac or…

BananaIP Reporter Intellectual Property July 15, 2019 2181Views 0Like

Post-Graduate Diploma in IPR, Patent backlog decreased by 50%, Bayer sued in Brazil and more

“Patent News Bulletin: Indian Patent Statistics, Indian Industrial Design Statistics, Interesting Inventions, IDENTIFY POLLUTANTS FROM VEHICLE EXHAUST AT TOLL PLAZAS WITH PROVISION OF PENALTY, DRINKABLE SEA WATER: DESIGN INTELLIGENT SOLAR ADSORPTION DESALINATION & COOLING SYSTEM ON SEA WATER, Indian Patent News, DPIIT receives reduced budgetary allocation for Financial Year 2019-20, RMNLU, Lucknow invites applications for Post-Graduate Diploma in IPR, Patent backlog down by 50%, Patent Licensing / Commercialization, TiVo & LG sign expanded IP Licensing Agreement International Patent News, Brazil…

BananaIP Reporter Intellectual Property, Patents, Plant Varieties July 15, 2019 967Views 0Like

Can Sound Be Registered as a Trademark?

This post was first published on 15th October, 2012. A trademark is a word or symbol which is associated with a product or company. It is one of the important Intellectual properties of any Company. With the diversification of means for branding products, sound marks/sound logos (such as Intel's "Intel inside" musical jingle"; MGM lion's roar) have got prominence and their protection has become an important aspect. No company would desire such a unique identification sound to be moving into public…

BananaIP Reporter Intellectual Property, Trademarks July 15, 2019 2607Views 0Like

Final Rules For Administrative Trials Published

This post was first published on 15th August, 2012. The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will publish final rules in the Federal Register, relating to implementation of three administrative trial provisions of the Leahy-Smith America Invents Act (AIA); inter partes review, post-grant review, and the transitional program for covered business method patents. The administrative trial final rules offer a third party a timely, cost-effective alternative to district court litigation for challenging the patentability of a…

BananaIP Reporter Intellectual Property, Patents July 15, 2019 783Views 0Like

Wankel Engine, Although Revving not Revolutionary

This post was first published on 13th June 2014. What's the one thing that is common between a 1975 Suzuki RE5 motorcycle and a Mazda Taiki supercar? Believe the answer would be - the Engine. Both these vehicles are powered by an engine called the ‘Wankel Engine’. Ranging from a simple single cylinder engine that powers our motorcycles with great mileage, to advanced SCRAM jet engine that propels hyper-sonic airplanes to an astonishing speed of 10,000 km/h, IC engines have evolved over…

BananaIP Reporter Intellectual Property, Patents July 13, 2019 1316Views 0Like

Bombay High Court Rules that CBFC has no ‘Intellectual Morality’,US Copyright Office forms a Mechanical Rights Society,Rapper Sues Insurance Company over Copyright Infringement Lawsuit, and more

Bombay High Court Rules that CBFC has no ‘Intellectual Morality’; Upcoming Film “Roohi Afza” Averts Copyright Infringement; Copyright Infringement Lawsuit filed against the film ‘Mission Mangal’; Rapper Sues Insurance Company over Copyright Infringement Lawsuit; US Copyright Office forms a Mechanical Rights Society; Huawei continues to remain on US Export Blacklist; Restrictions on Sale by E-Commerce Platforms; Etsy asks Sellers to include Shipping Price in their Items; E-Commerce Policies in India under Budget 2019, and more. NATIONAL NEWS Bombay High Court Rules…

BananaIP Reporter Copyrights, e-Commerce Law, Intellectual Property, Media and Entertainment Law July 13, 2019 1016Views 0Like

Are You Ready for a Walk on Water?

This post was first published on 13th January, 2011. We generally use the phrase “Walking on water”, to refer to a miracle or accomplishing something nearly impossible. But if we consider the literal meaning of it, is it really possible to walk on water? A lot of people dream of walking on water and infact some have walked on water either in reality or as an illusion or miracle. After Lord Ram performed the feat, Leonardo da Vinci in…

BananaIP Reporter Intellectual Property, Patents July 13, 2019 894Views 0Like

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