Patent Law Archives

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 1371Views 0Like

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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 649Views 0Like

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Were the brothers (W)right?

This post was first published on 20th March, 2014. Last week, my post was about the role of communication technology in making different regions of the world “excess able” from “access able”. It is important to bear in mind the role played by transportation systems in nullifying the effects of physical distance. Though different transportation means such as roadways, airways and waterways are available, when it comes to covering long distances in short time periods, aviation a.k.a. air transportation is one of…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 827Views 0Like

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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 1007Views 0Like

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Demystifying the Evergreen myth

This post was first published on 19th May, 2014. Evergreening, known in the politically-correct-circles as “Life Cycle management” of a drug, is the concept of extending the exclusivity term rendered to a pharmaceutical patent through legal and business measures. Contrary to existing myths and notions, Evergreening does not stop an interested party from exploiting the invention of an expiring patent. It is purely a business strategy to introduce and position newer products (sometimes patented) into the market so as to prolong…

July 19, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1053Views 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,…

July 18, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 851Views 0Like

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Keeping Secrets from the Patent Office? Think Again!

This post was first published on 17th July, 2014. The Indian Patents Act, 1970 obligates an applicant under Section 8, Rule 12 to furnish information and submit an undertaking regarding foreign application or foreign filing. Under this section, an applicant has to submit details of the application filed 'in any country outside India in respect of the same or substantially the same invention' as required under section 8(1)(a); and an undertaking stating that the Applicant will keep the Controller informed of the application…

July 17, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 821Views 0Like

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Wankel Engine, Although Revving not Revolutionary

This post was first published on 13th June 2014. What's the one thing that is common between a 1975 Suzuki RE5 motorcycle and a Mazda Taiki supercar? Believe the answer would be - the Engine. Both these vehicles are powered by an engine called the ‘Wankel Engine’. Ranging from a simple single cylinder engine that powers our motorcycles with great mileage, to advanced SCRAM jet engine that propels hyper-sonic airplanes to an astonishing speed of 10,000 km/h, IC engines have evolved over…

July 13, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1303Views 0Like

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Pedaling the Mechanical Horse

This post was first published on 10th November, 2010. During the nineteenth century, the Bicycle which was referred to as “Mechanical Horse” by David V. Herlihy evoked an exciting new world in which every person could travel afar and at will. But now, in this modern world “Is the bicycle capable enough of competing with other advanced vehicles?” While exploring my query, I came across many interesting inventions one among those is very interesting and provided hereunder for your reference. Normally, while…

July 10, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 866Views 0Like

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Compulsory License for “Not working”

This post was first posted on 8th April, 2011. In a recent development, non-compliance with regard to the requirement of local working of patent, required under patent law, may lead to issue of compulsory licenses to generics for seven top selling drugs. The RTI query sought by SpicyIP (Way to go Spicy IP!) seeking information regarding Form 27 filings by Innovators for the top selling drugs Tarceva (Roche and OSI Pharms), Stutent (Pfizer), Nexavar (Bayer), Sprycel; Dasatinib (BMS), Pegasys (Roche), Viraferonpeg…