Intellectual Property Archives

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 971Views 0Like

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

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 1683Views 0Like

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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 8350Views 0Like

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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 1395Views 0Like

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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 1061Views 0Like

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The image depicts the cover of the presentation with title of Concepts related to Patentability by Somashekar Ramakrishna

Patentability of New Form, Use or Property – Section 3(d)

First Publication Date: 11th December 2009 Section 3(d) of the Patents Act provides that mere Discovery of a new form or new use or new property of a known substance is not patentable. The discovery of a new form of a known substance will be patentable only if it results in the enhancement of the known efficacy of that substance. Salts, esters, ethers, polymorphs, metabolites, pure forms, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2090Views 0Like

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Who Must Pay for Appointment of Scientific Advisors? Vittal Mallya Scientific Research Foundation Vs. Indfrag Limited

First Publication Date: 9th December 2009 The case related to infringement of a patent relating to a process concerning the double metal salt of HCA. During the pendency of the suit, the court ordered for the analysis of the processes of the product called Double Metal Salt of Hydroxycitric Acid of the parties in the case by the Department of Chemistry of IIT, Madras. The objective of the analysis was to check if the alleged infringer’s process was different from that…

October 25, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 871Views 0Like

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The image depicts a man pointing with the words 'I want you to open source' written at the bottom as the post is about open source software

Enforcement Action Against Palm for Violation of Terms of Open Source License

First Publication Date: 7th December 2009. Today, Open Source Software (OSS) is being widely used in business as high quality software is being developed by open source communities. Most proprietary softwares have their OSS counterparts, which provide similar or better features. As integration of open source softwares into business is increasing, companies have evolved various business models for commercially gaining from OSS. One of such models is the dual licensing model. Under a dual licensing model, a company makes a…

October 25, 2018 BananaIP Reporter Copyrights, Intellectual Property, Open Source Licensing 0Comment 940Views 0Like

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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 929Views 0Like

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Patent and Public Domain Balance 2 – Patentability Requirements

First Publication Date: 8th December 2009. An invention will be eligible to get a patent only if it satisfies the patentability requirements, which are patentable subject matter, industrial applicability/utility, novelty, non-obviousness/inventive step and specification. The government uses the patentability requirements to verify the worthiness of an invention for patent grant. The patentability requirements are like filters arranged in succession as shown in the figure below. Figure - Kalyan's Patent Filter Model A patent will be granted over an invention only if it passes…

October 25, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1402Views 0Like

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Celebrating 20 Years of IP Excellence

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

Scope of Government Use Exemption in India

Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

Bajaj-TVS Litigation

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

Patentability of New Form, Use or Property – Section 3(d)

Who Must Pay for Appointment of Scientific Advisors? Vittal Mallya Scientific Research Foundation Vs. Indfrag Limited

Enforcement Action Against Palm for Violation of Terms of Open Source License

Department of IT to Support SMEs in International Patent Protection

Patent and Public Domain Balance 2 – Patentability Requirements

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