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BananaIP Counsels > Patents (Page 17)

Delhi HC Interprets the Date of Grant of Patent

The image depicts the text 'Delhi High Court'

This post was first published on 27th April, 2012.   On request of one of our followers, we have revised the blog post titled, "Delhi HC Interprets the Timeline for Pre-grant Representation of a Patent" posted on 24th April. An important and essential question that came up before this Court in the case of Dr. (Miss) Snehlata Gupte vs Union Of India & Ors. was regarding when a patent is said to be granted under the Patents Act, 1970 (“Act”). In this case, the Court examined petitions having similar issues regarding when the patent was granted by the Controller and whether a...

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Permission to File a Patent Application Outside India

This post was first published on 16th July, 2014.   This piece of writing tries to convey an important requirement under the Indian Patent law for an applicant residing in India who wishes to file patent applications outside India, directly. Any inventor or applicant is free to seek protection anywhere in the world. At times priority is given to a foreign country over India when there is less or no market potential to the invention in India or when the invention falls within the non-patentable subject matter in India. In India this privilege is not absolute, because it is necessary for any resident of India...

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Restricting ‘Pay-for-Delay’ Agreements

This post was first published on 6th August, 2014.   A total of more than 420 million Euros was imposed recently as fine by the European Competition Commission on five major Pharma companies for entering into ‘Pay-for-delay’ agreements with Generic companies. These fines and related measures were imposed to restrict the drug majors from entering into these non-competitive kind of deals to maximize their commercial gains. Of the five, the drug maker, Servier has been fined 331 million Euros for the anti-hypertensive drug Coversyl (perindopril). The other companies included are Teva Pharmaceuticals, Lupin, Mylan, Krka and Unichem Laboratories. The restriction on the pay-for-delay...

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Wacky Patents 4 – Mode-Enhanced Hindustani Music

This image depicts musical notes. This image is relevant as the article is about Mode enhanced Hindustani Music. Click on the image for more information.

This post was first published on 19th December, 2014.   It’s a musical world. From the pitter patter of raindrops to pulsating headaches, there is music everywhere. In many languages, voice modulation and tone become part of communication. Ever wondered if a method of creating music could be patented? Well, that’s exactly what Wacky Patent 4, Mode enhanced Hindustani Music is about. US Patent Application No. 10/082,777 filed in February, 2002 by two inventors of Indian Origin, Prabhakar Prahlad Jamkhedkar and Prashant Prabhakar Jamkhedkar, was granted Patent No. 6,750,387 in June, 2004. Now, on that note (pun intended), let's see what this patent is all about! Music is...

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Section 3(ka): A Decision on a Patent Application Related to Mathematical Methods

The image is of a classroom with students. The post is about copyright over notes. Click on image to view post.

This post was first published on Aug 6th, 2013.   The IPAB (Intellectual Property Apellate Board) issued an order regarding patentability of a patent application which claimed a specific application of a mathematical method. 3624/DELNP/2005 was filed as a National Phase application by Electronic Navigation Research Institute, Japan at the Delhi Patent Office in August 17, 2005 . The patent application relates to a system for analyzing a time series signal by a method based on Chaos Theory and calculating a chaos theoretical exponent value (CTEV) thereof. The patent application claims an application of the method disclosed in the description for analyzing a...

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Inventive Step of an Invention Analysed

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 Aug 13th, 2009, rejecting their application (Appl.no: 1563/DEL/2005) for the invention titled Pharmaceutical preparation of recombinant Factor VIII lyophilized without Albumin as a stabilizer. Objections...

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Intellectual Property Protection for Computer Programs – Part IV

This image depicts compilation of source code of a program. This image is relevant as the post is about Intellectual property protection for programs. Click on the image for more information

This post was first published on 15th October, 2014.   In the final post of this series, we shall be looking into the concept of software patents and examining the extent to which patent law is effective in protecting computer programs. As mentioned earlier, protection of computer programs under the Copyright Law is limited to the protection of the literal elements of a computer program, i.e., the source code and the object code, and does not extend to the underlying idea and functional elements of the software. A patent, on the other hand, grants a more secure protection than Trade Secret or Copyright,...

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Patentability of Laws of Nature

This image depicts the Court Hammer. This image is relevant as patent has been rejected for the Laws of Nature. Click on the image for more information

This post was first published on 2nd September, 2014.   Today we will discuss a case where a patent was rejected based on the patent ineligible subject matter. Mayo Collaborative Services (Appellants) and Prometheus Laboratories (Respondents) Patents in Dispute: US 6,355,623 and US 6,680,302 Case: Prometheus had an exclusive license over these patents and Mayo was using diagnostic kits based on these patents from Prometheus until 2004 after which Mayo developed its own diagnostic tests for the same purpose. Prometheus sued Mayo for infringement at the District Court in 2004. The claims of the patents were directed to a method of treating a patient with auto-immune gastrointestinal disorder by determining the...

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Father of the Electronic Idiot Box

This image depicts Philo Fransworth with a Television of the medieval era. This image is relevant as the post is about patent of the Idiot Box. Click on this image for more information

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 he was just 14 years old. After dropping out of college due to adverse financial conditions, at the age of 20,...

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Post-dating Patent Applications

This post was first published on 15th July, 2014.   A provisional patent application is usually filed with a singular purpose - To gain the first (earliest) filing date or to gain priority for the application. As we are aware, gaining priority or an earlier filing date is imperative to the patent grant process. Why then, do we find so many of us opting to post-date their provisional application before filing a complete specification? Post-dating refers to the shift in the Priority date of an application to a later date. The post-dating provision is available in various jurisdictions and in India, an application, whether provisional or...

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