Indian Patent Office Archives

The image depicts a gavel which indicates patent proceedings before Indian Patent Office application.

Proceedings Before the Indian Patent Office

Original Date of Publication: February 4th, 2008 Author- Dr.Kalyan C. Kankanala, Chief IP Attorney, BananaIP Counsels OVERVIEW A patent application can be filed at only one of the four patent offices in India (Kolkata, Delhi, Mumbai and Chennai). The patent application passes through the following stages: A. FILING B. PUBLICATION C. EXAMINATION D. OPPOSITION E. GRANT A. FILING 1. Applicant: An application for a patent can be filed by the true and first inventor. It can also be filed the by the assignee or legal representative of the inventor.…

May 12, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 939Views 0Like

ShareFacebook

Once an Intermediate, Always an Intermediate

First Publication Date: 22nd December 2010 The other day, while I was having a heated discussion with 2 fellow bloggers about the patentability of repurposed drugs i.e. patenting of new use of a known drug, we hit a road block with regard to patent value of an intermediate. The question raised was "Will a newly found first use of an already known intermediate be patentable in India?" I am rephrasing the question for the purpose of this discussion. “Will the exclusion criterion elaborated…

December 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1086Views 0Like

ShareFacebook

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Is a Method of Massaging Patentable subject matter?

First Publication Date: 12th January 2010 This post is in furtherance of a question posed by one of my students at NLSIU. The question was - "Can a method of massaging be patentable in India?". He apparently saw a massage centre stating that they have patented their massage methods. In my opinion, a process of performing a massage that is not related to treatment of a disease or disorder is patentable in India provided it satisfies the industrial applicability,…

November 4, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1953Views 0Like

ShareFacebook

The image depicts the cover of the presentation with title of Patent Infringement Presentation by Dr. Kalyan C Kankanala

Aktiengesellschaft Vormals Meister Lucius & Bruning a Corporation etc.Vs Unichem Laboratories

First Publication Date: 20th December 2009 The case related to a patent in respect of the manufacture of new sulphonyl-ureas, salts of those compounds and of anti-diabetic preparation containing such compounds. One of the chemical compounds comprised in the said patent was Tolbutamide, and since 1957 the patent holder had been marketing the same as an anti-diabetic drug in India and all over the world under the trade mark "Rastinon". The patent holder filed an infringement suit against the Respondents…

October 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 967Views 0Like

ShareFacebook

Scope of Government Use Exemption in India

First Publication Date: 14th December 2009 In a recent case involving Chemtura Corporation, Union of India and Others, the Delhi Court interpreted the scope of government use exemption under Section 47 of the Patents Act. The patent holder in the case, Chemtura, filed a patent infringement suit against Union of India and others with respect to an invention concerning side bearing pad assembly and sought a temporary injunction during the pendency of the suit. The infringement action was filed…

October 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1676Views 0Like

ShareFacebook

Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

First Publication Date: 15th December 2009. This case can be considered to be the most important case in inventive step jurisprudence in India. Though the case was decided in 1978, the principles laid down in the case are followed even today and have been codified in the Indian Patent Act. The patent in the case related to a means for holding utensils for turning purposes . According to a preferred feature of the invention disclosed in the patent, the pressure end of…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 8290Views 0Like

ShareFacebook

Bajaj-TVS Litigation

First Publication Date: 14th December 2009 The litigation between Bajaj and TVS, which was very widely reported in the news showed the value of patents for gaining business advantage. The case briefs with respect to the litigation between the parties have been provided hereunder for the reader’s benefit. The cases relate to grant of injunction by the Court. Bajaj Auto Vs. TVS Motor Company Bajaj Auto Ltd. ("Bajaj") acquired a patent with regard to an invention relating to…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1389Views 0Like

ShareFacebook

The image depicts the sign board of the Delhi High Court.

Ex-parte Injunction Vacated Due to Lack of Prima-Facie Case of Infringement

First Publication Date: 9th December 2009. Asian Electronics Ltd v/s Jumbo Electric Company (Delhi High Court, 12th November, 2009) Facts of the case: Asian Electronics (hereinafter referred to as the plaintiff) is the holder of an Indian patent 193488, which talks about a kit for converting a fluorescent lighting fixture from inductive operation to electronic operation. The corresponding US patent can be seen here. The plaintiff stated that Jumbo Electric Company (hereinafter referred to as the defendant) was manufacturing and selling the identical…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1057Views 0Like

ShareFacebook

The image depicts a man jumping with the words start up written in the background.

Department of IT to Support SMEs in International Patent Protection

First Publication Date: 8th December 2009 Department of Information Technology, MCIT has introduced a scheme, known as SIP-EIT (Support International Patent Protection in Electronics and IT),in order to provide financial support to Small and Medium Enterprises /Technology Start-Up companies for international patent filing in the area of information technology and electronics. International patent filing includes the PCT(Patent Cooperation Treaty) route or direct filing of the application in any country. However, the applicant has to justify his reasons for choosing a particular…

October 25, 2018 BananaIP Reporter Intellectual Property, IP for Start Ups 0Comment 927Views 0Like

ShareFacebook

Checking Patent Status Online in India

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…