09 December 2018

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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 trerrestris, Hygrophilla auriculata, Myristica fragrans. The patent (patent no. 241602) has been granted for the application titled “Herbal formulation used as a health...

07 December 2018

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Financial assistance from Technology Development Board (TDB) for industrial concerns for the development of indigenous technologies

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 4th October 2010 Technology Development Board (TDB) mandates to provide financial assistance to the industrial concerns and other agencies attempting development and commercial application of indigenous technology or adapting imported technology for wider domestic application. TDB was established as per the provisions of Technology Development Board Act, 1995 by Government of India through Department of Science and Technology. The funds collected by the TDB are through industrial concerns under the provisions of the Research and Development Cess Act, 1986, as amended in 1995 and through other donations (as donation made to this fund have full deduction for income tax...

07 December 2018

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

Posted by BananaIP Reporter

in Intellectual Property, Patents

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 101 of Title 35, which relates to patentable subject matter and the lack of exclusions from patentability except for the...

06 December 2018

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Should Medical Methods Be Patented?

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing to the economic development and prosperity of mankind. Though the patent system has played a critical role in the progress of science generally, its benefits have not been extended to medical methods. (The term ‘medical methods’ used herein after shall mean surgical, therapeutic and diagnostic methods of treatment except methods of...

06 December 2018

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Complications In Patenting Biotech Inventions: A Peek At US Law

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code. The objective of the US patent law as stated in the constitution is to promote the progress of science and technology. The patent...

05 December 2018

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Merck’s Temodar continues to face generic threat!

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 23rd September 2010 Schering Corp, a subsidiary of Merck & Co, filed a patent infringement suit against Sun Pharma in response to Sun’s Abbreviated New Drug Application (ANDA). Sun Pharma through this ANDA is trying to seek FDA’s approval to commercially manufacture the generic version of the drug even before its patent term expires. Temodar, active ingredient Temozolomide, is one of world’s best selling brain cancer drug which is being marketed by Schering (now Merck). The patent,US5260291, governing Temodar was granted to Cancer Research Campaign Technology Ltd (CRT) in 1993 and is due to expire in 2013. Schering has...

03 December 2018

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The Indian Patent Office and Secrecy Directions

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 16th August 2010 As per Section (35) of the Patents Act, 1970, the Controller may notify a patent application (i.e. a patent application before the grant/refusal) as a secret. The patent application may be of a class notified by the Central Government as relevant for defense purposes or may be up to the discretion of the Controller. The patent applicant is further prohibited from publishing information related to the patent application or communicating information related to the patent application to any third party. The patent application is then forwarded to the Central Government for consideration, whether the public...

03 December 2018

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US Supreme Court- Bilski’s invention falls, Business methods Survive

Posted by BananaIP Reporter

in Intellectual Property, Patents

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 on 35 USC 101. The debate got aggravated when the Court of Appeals for the Federal Circuit (CAFC) decided that the...

03 December 2018

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Weekly Patent News: Indian Patent Statistics, Interesting inventions, New IP initiative by Indian Defence Ministry,Virtual market place for IP in Karnataka, USPTO unveils 2018-2022 strategic plan and more

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“Indian patent statistics, Interesting inventions, Mission RakshaGyan Shakti – A new initiative by the Defense Ministry of India, Government of Karnataka to unveil a virtual marketplace for IP, IP Awareness Seminar held in University of Kashmir, Abbott Laboratories in yet another turmoil, this time over a stent patent and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week “Design transcends agenda. It speaks to the politics of optimism.” – Paul Bennett, Principal Researcher in Microsoft Research AI. Indian Patent Statistics A total of 760 patent applications have been published...

02 December 2018

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Patent Troll in India?

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 10th June 2010 NTP has filed a patent infringement suit in a US District Court against Apple, Google, Microsoft, Motorola, HTC and LG. It alleged in the suit that the companies are liable for infringing eight of its patents relating to sending emails over wireless networks. This suit is significant because of two reasons: a. NTP is a patent troll, whose business model revolves around acquiring patents and licensing or enforcing them. It does not have any research activity and allowability of patent trolls for the said reasons had therefore been the subject of debate at the policy level;...

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