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BananaIP Counsels > Patents (Page 61)

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

The image depicts an Hygrometer.

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 gears, the modern versions of which have...

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Patent & Design Protection – A Presentation for United Nations Industrial Development Organization (UNIDO)

This presentation gives a detailed understanding of patent & design protection requirements. This presentation was given for the plastics and machine tools industry at Delhi on 20th Nov 2013. [slideshare id=28587777&doc=patentanddesigns-131124232152-phpapp02] The Presentation can be accessed here By Nishant Kewalramani...

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Inventive Step – Technical Advance

  In a recent case decided by the IPAB at a circuit sitting bench in Delhi on 5th July 2013, the Appellant (Electronic Navigation Research Institute, Tokyo) claimed that it had invented “A Chaos Theoretical Exponent Value Calculation system” and applied for patent under 3624/DELNP/2005. The Deputy Controller held that the functions of the this system was based on mathematical method for solving mathematical equations, and declined to accept the technical effect theory followed under European Patent law, as he was of the opinion that the Indian patent law does not allow patents for mathematical methods which have a technical effect,...

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Genetic Patentability – Reverse and Transverse: The Downturn

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 backdrop, the decision in Myriad Genetics was not a surprise to a keen follower, and, upholds the inherent lacuna in the logic of gDNA patents. Though the case was...

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

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 speech signal. The Deputy Controller, Delhi Patent Office rejected...

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