Patent Archives | Page 13 of 18

A Conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010. Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed…

December 20, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2454Views 0Like

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Mitigating Patent Risks

First Publication Date: 7th December 2010 This is in furtherance of the post "Assessing patent risk in India". Mitigation and management of patent risks assumes very high importance in the light of increasing patent enforcement in India. Risks from patents primarily come from infringement of patents of others. Some of the common strategies for risk mitigation are as follows: a. Design around; b. Licensing; and c. Invalidation. a. Design Around Risks from a patent can be mitigated by designing around the claims of the…

December 17, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1659Views 0Like

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Greatest Path-Breaking Invention!

First Publication Date: 2nd December 2010. Since the Neanderthal age man has been on a perpetual quest to improve its living conditions which has made it possible for science to advance from one stage to another. Man is a curious being and to satisfy its insatiable curiosity it has constantly been on the lookout for new things. The essential human journey has witnessed visionaries and inventors who have always been in a race with time which has resulted…

December 15, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1275Views 0Like

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This image depicts a toothpaste tube shaped like a banana. It raises the question of such possibility. This post explores how traditional knowledge is used and misused by patents. Click on the image to read the full post.

Traditional Knowledge: Use or Misuse?

First Publication Date: 28th October 2010. Misuse of traditional knowledge and measures to prevent the same have been attracting attention since the turmeric patent controversy. After successfully revoking turmeric patent claims that formed part of traditional knowledge, the Indian government has taken numerous initiatives ranging from legislative and policy changes to documentation and creation of a library of information (TKDL). With the press and media joining the effort, the awareness with respect to rights of traditional knowledge holders , actions…

December 10, 2018 BananaIP Reporter Intellectual Property, Patents, Traditional Knowledge 0Comment 1623Views 0Like

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Patent Exhaustion in India

First Publication Date: 7th October 2010 A patent grants the Patent holder exclusive rights to prevent others from making, using, selling, offering for sale in the territory of patent grant or importing an invention into the territory of patent grant. Once an unrestricted sale of the patented invention is made, the rights of the patent holder with respect to the product are exhausted and this is called as the Doctrine of Exhaustion or First Sale Doctrine. As per the Doctrine of…

December 10, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 5061Views 0Like

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Indian Herbal Viagra Receives Patent Grant

First Publication Date: 5th October 2010. Kunnath Pharmaceuticals, Kerala recently received a patent for their product, Musli Power Xtra, an Indian herbal aphrodisiac for men and women. Musli Power Xtra popularly known as the ‘Indian Herbal Viagra’ is reportedly India’s first ayurvedic herbal formulation to receive a patent for the treatment of sexual dysfunction. The herbs and ingredients which form part of the formulation includes the following: Chlorophylum borivillianum (Safed Musli), Mucuna purita, Withania somnifera, Moringa oleifera, Embilica officinalis, Tribulus…

December 9, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2848Views 0Like

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The featured image shows the word patent written in blue on a white background. The post is about the latest Patent updates. To know more, please click here.

Patentability of scientific principles and natural relationships in the light of Laboratory Corp. v Metabolite

First Publication Date: 2nd October 2010 Introduction The scope of patentable subject matter in USA can be considered to be the broadest in the world. The US patent system has been responding to new technologies faster than that of any other country. The US was the first to open its gates to patentability in fields such as Biotechnology, Information Technology or Business Methods. The adaptive and flexible nature of the patent regime can be attributed to the open language used under section…

December 7, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2371Views 0Like

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Bilski’s Invention Falls, Business Methods Survive

First Publication Date: 29th June 2010 The much awaited Bilski decision has been pronounced by the US Supreme Court (Bilski v. Kappos). This closely watched and highly discussed case revolves around patentability of Bilski's hedging of risks business method invention. From the day when the patent examiner rejected Bilski's claims calling them 'mere manipulation of an abstract idea' the controversy has given rise to a lot of potent questions including the likes of patentability of software and business methods and restrictions…

December 3, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1032Views 0Like

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This image depicts a heard of cows. This post discusses the patents that have been filed for the composition of cow urine and its uses. Click on the image to read the full post.

Another Patent Granted Over Medicinal Value of Cow’s Urine

First Publication Date: 24th June 2010. A patent was granted to CSIR with respect to a composition useful for protecting and/or repairing DNA from oxidative damages. The value of cow's urine has been emphasized in ancient Indian texts including the rig veda. Cow's urine is known to not only have medicinal value but is also used to purify ayurvedic medicines. The patent granted to CSIR claims a composition for preventing and repairing damage to DNA due to oxidation. The patent…

December 1, 2018 BananaIP Reporter Intellectual Property, Patents, Traditional Knowledge 2Comments 1966Views 0Like

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IP in Everyday Life – Godrej Tribolt

First Publication Date: 27th May 2010 I noticed this Godrej Tribolt lock (which can be seen below) carrying prominent notices about the Intellectual Property related to it (seen below) The above notice is an example of a good patent notice, in that it complies with S.111(1) of the Indian Patent Act, 1970, which reads as In a suit for infringement of a patent, damages or an account of profits shall not be granted against the defendant who proves that at the date of the…