This post was first published on 27th September, 2011.
USPTO has granted a patent for building snowmen/women just before the arrival of winter. As most of the people across the world stand at the dawn of winter arrival, waiting for snowfall, Ignacio Marc Asperas has already received his early Christmas gift.
Ignacio received a patent (US8011991B2) on 06 Sep 2011 for his invention titled “Apparatus for facilitating the construction of a snow man/woman” which was filed back in 2006. The…
This post was first published on 16th July, 2014.
We will today discuss a case in the Indian Patent history that showcases how the IPAB and the IPO analyse the Inventive Step or Obviousness of an invention.
Green Cross Holdings (Appellant) v/s Controller of Patents and Deputy Controller of Patents (Respondents)
Case: This judgment, passed on June 18th, 2014 by the IPAB, was based on an appeal made by Green Cross Holdings against the order made by Deputy Controller of Patents on…
This post was first published on 2nd September, 2014.
Mr. Fransworth is regarded as the Father of Television. I would rename him as Father of Electronic Television, as most of us, including me, have learned in our school days that Mr. John Logie Baird is the Father of Television. The truth is Mr. Baird’s television was based on electro-mechanical systems, whereas Mr. Fransworth’s television was electronic. Mr. Fransworth showed glimpses of his brilliance since childhood by describing and diagramming a television in 1921, when…
This post was first published on July 16th, 2014.
Patent protection is territorial in nature. A patent application filed in a country can entail the enjoyment of patent rights in that country only and thus a patent application has to be filed in countries where the applicant intends to gain protection. Thus in order to seek patent protection in multiple countries, the applicant will have to file the application in each of these countries. There is no limitation on the…
This post was first published on 25th November, 2014.
Japanese Patent about a pain-killing drug extracted from 'Kratom' (Mitragyna Speciosa), a well-known Southeast Asian medicinal plant, is creating contradictions. Patent documents and other publications reviewed, are silent on the origin of Kratom utilized by Chiba and Josai. Patents have been issued in Japan and the US, and patent applications may be pending elsewhere.
How the Plant became a Painkiller drug?
In the early 2000s, Japanese researchers began analyzing compounds extracted from Kratom as part of a program to assess medicinal…
This post was first published on 6th December, 2014.
TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked:
Is the prior art quoted instrumental in teaching the reader the method of producing the invention?
Does the prior art or any of its contents suggest any method of producing the invention in question?
Does the…
This post was first published on 2nd April, 2014.
Vinay Mehta ordered pizza one evening. It was soggy from the steam trapped inside the box, a far cry from the crispy, steamy pizza he'd hoped for. Although this dampened the pizza's aroma, it was nowhere near dampening his spirit. Instead, Mr. Mehta resolved to end this problem once and for all. All it took was a little "thinking outside the box". Or was it inside?
Here's how it goes:
While the food…
This post was published on 24th January, 2014.
Eaton Electric BV Vs. Deputy Controller of Patents and Designs, Intellectual Property Appellate Board (IPAB) Decision - Mp. No. 86/210, Decided on 14th July, 2011.
Invention:
A hygrometer is used in combination with the arrangement of a moisture absorbing agent, which is provided inside the enclosed housing of a Switch Gear.
Prior Art:
1. Switch gear in enveloping housing filled with dry air to control Arc energy.
2. Introduction of moisture absorbing agent to reduce water content in the air.
Question:…
This post was first published on 24th July, 2014.
We are well aware of the importance of the Priority Right and therefore also know what losing a priority right can cause. It may throw even the strongest of inventions off balance. A valid priority claim would give us the priority date which is the date of filing of the first application. This date is also known as "effective date of filing” in many jurisdictions. In other words, as the name suggests, the prior…
This post was first published on 14th January, 2011.
Filing of a Patent application in India has been simplified by the option of E-filing software. With the use of digital signature an authorized patent agent or applicant can directly file a patent application in the E-filing software.
Normally, a patent application can be filed by the true and first inventors or the assignee having acquired the authority from the true and first inventors.
The following documents/forms are required at…