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BananaIP Counsels > Patents (Page 62)

Happy Eid al-Adha – Biryani Patents

Hello fellow foodies! What a day it is, Eid Mubarak to all our readers! Eid is known as the festival of sacrifice that marks  the end of Haj, and the cuisine is a very important part of the celebrations. Biryani, sevyian, sheer khurma and other delectable dishes make Eid a very special day for food connoisseurs. So, on this day we bring to you a couple of patents claiming inventive, healthy preparations, from China and USA. CN102726685A/en Muslim fast food grabbing rice and its preparing method Abstract The present invention relates to a Muslim fast food-grabbing rice and its preparation method. It is made up by using special...

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Letter to the PM against Software patenting

On September 15, 2015 several civil society organizations, institutions and citizens submitted a joint letter to the PMO expressing their concerns over the “Guidelines for Examination of Computer Related Inventions (CRIs)” issued by the Office of the Controller General of Patents, Designs and Trademarks on 21st August, 2015. Some of the noted Institutions and Organizations included in this letter are IIT Bombay, C-DAC, IIM Bangalore, Alternative Law Forum, Centre for Internet & Society, Bangalore , National Working Group on Patent Laws, to name a few. According to the applicants the new guidelines are a matter of concern in the context of the...

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Gilead, IPA, Natco & The Bells of Harmony

  Pharmaceutical industries seem to be making headlines this season. Over the past few weeks there have been numerous news reports with respect to the pharmaceutical industry, SiNApSE alone has covered many of these in its earlier blog posts. The issues range from rejection of patent applications based on the ever so controversial section 3(d) as observed in the case of Pfizer’s drug “Tofacitinib” to the resurrection of the nightmare of many pharmaceutical companies, namely “the COMPULSORY LICENSE” as seen in the case of Lee Pharma v. AstraZeneca. Going by this trend of the Pharmaceutical industries making the headlines, here are some...

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Idols, Patents and Ganesha- Happy Vinayaka Chavithi!

The Hindu God Ganesha is known as the “herald of auspicious beginnings” and considered to be the most “beloved deity of all” Ganesh Chaturthi, an auspicious festival observed in the month of Bhadra (mid August – mid September) according to the Hindu calendar is celebrated with utmost devotion and joy in many states in India and even outside the country. Ganesha, is known by 108 different names and is considered to be a symbol of good fortune, wisdom, prosperity and health. As the country prepares to get into the mood to celebrate Ganesh Chaturthi, the streets are filled with idols of...

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TiVo and Patent Infringement

  The makers of the famous TiVo DVR systems, TiVo Inc. are taking Samsung to court over the alleged patent infringement of four of their patents. Deja vu? Feels like we’ve heard this story before, haven’t we? Well, TiVo loves the litigation game and has taken several big companies, such as EchoStar/Dish, AT&T, Motorola, Verizon and Cisco, to court for infringing its patents, winning almost a whopping $1.6 billion in damages.   So why is TiVo suing Samsung this time? According to them it is not only Samsung set- top boxes that are found infringing but several smartphones and tablets have also been...

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Ericsson has a (i)Ball at the Court

On 2nd September, 2015, Hon’ble Mr. Justice Manmohan Singh of the Delhi High Court, issued an interim injunction, restraining the Mumbai-based company, iBall from importing any allegedly infringing devices until the next hearing in the case, I.A No. 17351/2015 in CS(OS) 2501/2015. The Swedish major Ericsson, which provides services, software and infrastructure in the information and communications technology space, had filed a suit for permanent injunction restraining infringement of patents, damages, rendition of accounts, delivery up etc. against the Indian company iBall which imports computer peripherals, smartphones and tablets. The law suit relates to three technologies in the field of telecommunications pertaining...

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Tequila’s Indian Cousin

For all our readers who are alcohol connoisseurs here is some great news. A food scientist from Andra Pradesh has filed for a patent for the Indian version of tequila. It’s a well known fact that tequila originates from Mexico, where the Agave Americana plant is used in the manufacturing of tequila. However, the possibility of an Indian variant seemed a little far-fetched. Mr Sangati Chennakesava Reddy a food scientist who had previously researched on Opuntia (a plant from the cactus family), finally zeroed down on ‘Naara Kalabanda’ or ‘Kittha Naara’ . According to him, the plant’s pith portion due to...

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Pfizer files for Patent on Known Substance

  This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one  aspect of the order that seems to  contradict the  Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that  assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate elements of patentability analysis.   Section 3(d) reads as follows: “The mere discovery of a new form of a known substance which does...

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Pfizer falls prey to Section 3(d)

India's patent office had rejected Pfizer's application to patent 'Tofacitinib' in 2011, but was ordered to reconsider the decision by the Intellectual Property Appellate Board, after Pfizer appealed. On 3rd September, 2015, the Controller of Patents issued a decision again in respect of Pfizer’s application number, 991/MUMNP/2003 which sought to patent an invention titled “CHIRAL SALT RESOLUTION”. Pfizer’s patent application claimed “a pharmaceutical composition for treating or preventing a disorder or condition selected from organ transplant rejection, xeno transplantation or conditions like lupus, multiple sclerosis, rheumatoid arthritis, psoriasis, Type I diabetes and complications from diabetes, cancer, asthma, atopic dermatitis, autoimmune...

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Working of Patents – A Workable Proposition?


The Working of the Patent System The patent system promotes the progress of science and technology by granting exclusive rights to inventors for a limited period of time. On expiry of the limited period, the inventions enter the public domain and add to the pool of knowledge base for further inventive activity. It is believed that the exclusive rights granted by the patent system provide incentives to invent, invest, disclose and design, which push the limits of science and technology. It is well understood that for the patent system to work effectively, a healthy balance between the patent incentives and public domain...

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