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BananaIP Counsels > Patents (Page 11)

Patentability of Higher Life Forms

This image depicts the logo of Onco. This image is relevant as The case was about a patent application filed by the Harvard College for a transgenic mouse. Click on the image for more information

This post was first published on 5th September, 2014.   Today we will be discussing a case where the patent grant was rejected by the Canadian Patent Office as higher life forms are patent ineligible subject matter under the Act. Canada (Commissioner of Patents) (Appellants) vs. President & Fellows of Harvard College (Respondents) Case: The case was about a patent application filed by the Harvard College for a transgenic mouse. In the transgenic mouse, the genome was genetically altered with the insertion of an oncogene. The oncogene was inserted into fertilized mouse eggs which were then implanted into a female host. The off-springs produced with all of...

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Can There be a Patent for a Method of Patent Trolling?

This image depicts a Monkey standing with a stick and trying to describe what Patent Troll is with the basic definitions written in the Background. This image is relevant as USPTO has granted a Patent for a method of Patent Trolling. Click on the image for more information

This post was first published on 11th October, 2014.   How about committing the crime of killing all the criminals so as to prevent crime? Sounds outrageous, doesn't it? Well, then how about patenting the patent troll in order to prevent patent trolling? The USPTO is proof enough for granting some of the weirdest and craziest patents. But this one seems to be the cherry on the icing on the cake. Halliburton Energy Services Inc. has made an Application No. 11/741429 before the USPTO titled Patent Acquisition and Assertion by a (Non-Inventor) First Party against Second Party. Here is how the invention actually works....

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Soggy Pizza? Blame it on the Box!

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 packaging industry had almost entirely stagnated after solving the compression and cushioning problems of packaging boxes, no one had so much as...

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Can Combining Contrivances Give Rise to Inventive Step? – An IPAB Case Note

The image depicts an Hygrometer.

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: Does the invention possess an inventive step in light of the prior art? The invention is an improvement over existing switch...

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Crossing the Rubicon: A Fork in the Road – Go Right or Left?

This post was first published on 24th July, 2014.   Case Analysis of Dr. Aloys Wobben and another vs. Yogesh Mehra and others. CIVIL APPEAL NO. 6718 OF 2013 Facts: Dr. Aloys Wobben (Appellant) owns approximately 2,700 patents in more than 60 countries of which 100 patents are in India in the field of wind turbine generators and wind energy converters. Appellant was carrying out the manufacturing process in India through a joint venture partnership with the Yogesh Mehra and Ajay Mehra (Enercon India Limited) (Respondents). Intellectual Property licence agreements to use the technical know-how of the inventions, was granted to Enercon India Ltd. by the Appellant and...

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Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

The image depicts the text 'Delhi High Court'

This post was first published on 24th April, 2012. The relevant paragraphs of the case are reproduced below, a case brief will follow soon: 60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage of pre-grant opposition, who could be „any‟ person, and the opposer at the post-grant stage, who could only be a...

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All is Not Lost: How to Restore your Priority Right!

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 art that is taken into account for examining the novelty and inventive step/non-obviousness of the claimed invention is the information available to...

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Patent Filing Requirements in India

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 the time of filing an application either through E Filing software or hard copy filing: Form-1: An Application for grant of patent on Form-1...

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Re-Classifying Patent Search- Cooperative Patent Classification (CPC)

This post was first published on 4th November, 2011. One of the strategies adopted by the examiner/searcher while performing a prior art search is to identify the classification of the invention's subject matter. Patent classification is a way by which a patent office arranges identical or similar patent documents. A patent document can be classified in several classes. There are numerous patent classification systems available across the world such as International Patent Classification (IPC), United States Patent Classification (USPC), European Classification (ECLA), F-term and Derwent classification system. Most of the countries incorporate IPC on their patent documents. The IPC is generated by...

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Distant Touch – Patents for the Blind 4

This image depicts a blind man holding a stick and trying to cross a road. This image is relevant as a patent has been awarded known as Orientation aid for the blind and the visually disabled. Click on this image for more information

This post was first published on 4th September, 2014.   A cane, as I had mentioned in one of my earlier posts, is a blind person's lifeline. It allows a person to make his way around by means of touch from a distance. The length of the cane may vary based on a person's height, and on an average, it allows a blind person to feel for objects up to about a distance of 1.2 metres. Traditional canes operate completely on the basis of touch. Owing to the development of sensing technology from deploying infrared rays to lasers, several people have tried to make contactless...

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