Intellectual Property Archives

Anticipation – Mere Presence of Elements Insufficient; Arrangement of Elements Imperative

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,…

July 21, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1022Views 0Like

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The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

An In-Depth Look at the Trademark Registration Process – Part III

This post was first published on July 07, 2014. In furtherance to the earlier post, related to trademark classification and search, we will now discuss the trademark filing process. The procedure for registration of trademarks is contained in Section 18 to 26 of the Trade Marks Act, 1999 and Rules 25 to 62 of the Trade Marks Rules, 2002. A trademark application should be filed in the office of Trade Marks Registry within whose territorial limits the principal…

July 20, 2019 BananaIP Reporter Trademarks 0Comment 773Views 0Like

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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…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 3210Views 0Like

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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…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1381Views 0Like

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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…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 653Views 0Like

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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…

July 20, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 866Views 0Like

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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…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents, Plant Varieties 0Comment 996Views 0Like

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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…

July 20, 2019 BananaIP Reporter Trade Secrets 0Comment 1833Views 1Like

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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…

July 19, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1013Views 0Like

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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,…