25 July 2019

Sticky

Patentability of Higher Life Forms

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...

25 July 2019

0 Comments

Sticky

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

Posted by BananaIP Reporter

in Intellectual Property, Patents

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....

24 July 2019

0 Comments

Sticky

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

Posted by BananaIP Reporter

in Intellectual Property, Patents

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...

24 July 2019

0 Comments

Sticky

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

Posted by BananaIP Reporter

in Intellectual Property, Patents

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...

23 July 2019

0 Comments

Sticky

Cooling cricketers for hot Indian weather

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 26th February, 2011 14 participants, 3 hosts and 49 matches. Biggest and most awaited cricket tournament ICC Cricket World Cup 2011 edition kick started in style on 19th February 2011 in Sher-e-Bangla national stadium, Bangladesh. The cricket fans all over the world are celebrating the event. With a strong Line Up, Indians are the clear favorites. Moreover this is said to be the last world cup of many cricket maestros along with the “God of Cricket - Sachin Tendulkar” topping the list. A threat during the play especially to the foreign teams may be that...

22 July 2019

0 Comments

Sticky

GII index to be released, Patent office’s Annual Report for the year 2017-2018 and more

Posted by BananaIP Reporter

in Intellectual Property, Patents

“Patent News Bulletin: Indian Patent Statistics, Indian Industrial Design Statistics, Interesting Inventions, Global Innovation Index (GII) to be launched on 24th July, 2019 in New Delhi, CII’s is all set to take an exclusive IP delegation to Japan, in the month of August, The Office of CGPDTM and GI, India published the Annual Report for the year 2017-2018 and other news updates”, presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Indian Patent Statistics A total of 1081 patent applications have been published in the 29th issue of the Patent Journal, 2019. Out of the 1081...

22 July 2019

0 Comments

Sticky

Patent Term Extension, Dog ate my Homework Act

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 12th April, 2011. Guest Post by Ms. Vinita Radhakrishnan In future, 'Dog ate my homework' may be a perfectly accepted excuse for missing a deadline at United States Patent and Trademark Office (USPTO) for Patent term extension (PTE) request. Recently, I stumbled upon an article authored by Dianna Goldenson titled “A day late and a few million dollars short". The article mainly refers to the deadline calculation for the Patent term extension request to be placed before the USPTO. A bill pending before the Congress (HR 5120, 109th Cong.) which is pet-named by it's critics as "Dog...

22 July 2019

2 Comments

Sticky

Patent Application for Acupuncture Needle

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 5th April, 2011. On 6th November 1995, Tae. W Yoo of Seol from Korea filed a patent application (US 5624460) titled “Needle for Acupuncture”. Acupuncture is used as an alternative medicine, adapted from Chinese medical practices in which specific body areas are pierced with fine needles for therapeutic purposes. It can be used to treat or prevent disease. Acupuncture incorporates traditional Chinese medicine as an integral part of practice and theory. In the movie “Kiss of the Dragon” starring Jet Li was released in the year 2001 and was a big hit. No one can...

22 July 2019

0 Comments

Sticky

Patentability of Biotech Inventions in Europe

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 22nd January, 2011. Patentable Subject Matter The discussion with respect to patentability of biotech inventions in Europe has been limited to the European Patent Convention (EPC). As per the European Patent Convention, any invention is patentable unless it falls within the list of excluded inventions. According to Article 52 of EPC, any invention irrespective of the technology to which it belongs can be considered as patentable subject matter so long as it is new, inventive and has an industrial applicability and does not fall within the list of excluded inventions provided in Article 53 of the...

22 July 2019

0 Comments

Sticky

Patentability of Biotechnology Inventions in India

Posted by BananaIP Reporter

in Intellectual Property, Patents

Patentability of Biotechnology ...

Patents

SOME OF OUR CLIENTS