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This image depicts a person in a yoga asana. His body has been divided into the traditional four zones targetted by yoga healing. This post explores if the way of performing yoga may be patented. Click on the image to read the full post.

Can a Method of Performing Yoga be Patented?

  First Publication Date: 9th June 2010   The Council for Scientific and Industrial Research (CSIR) has recently incorporated materials on yoga to the Traditional Knowledge Digital Library (TKDL). The materials include data on various yoga postures and videos relating to them. The information on yoga has been collected by CSIR from ancient Indian texts such as Patanjali. As per Dr. Gupta from CSIR, the addition of the materials to TKDL will play an important role in preventing patent grants relating to yoga…

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Patent Claims x

IP in Everyday Life – Godrej Tribolt

First Publication Date: 27th May 2010   I noticed this Godrej Tribolt lock (which can be seen below)     carrying prominent notices about the Intellectual Property related to it (seen below)   The above notice is an example of a good patent notice, in that it complies with S.111(1) of the Indian Patent Act, 1970, which reads as In a suit for infringement of a patent, damages or an account of profits shall not be granted against the defendant who proves that at the date of the…

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IP in Everyday Life – Aircraft Seat Belts

First Publication Date: 7th June 2010 Most of us fly frequently. But, we might not have paid attention to the most vital piece of safety equipment for a passenger; the seat belt. If you flip the receptacle portion of the belt, you will see a notice which states "Patent 5088160". The referred patent is assigned to Am-safe, Inc and was filed on February 5, 1990 (and has subsequently expired on February 5, 2010). The two independent claims are as follows: Claim 1: A webbing…

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Intellepedia - IP News Updates

Synthetic cell: Patent or No Patent?

First Publication Date: 27th May 2010. After reading today’s article titled “Patent-run for synthetic life form could be ‘damaging’, says Brit scientist” I thought I was having a Déjà vu. Looks like, once again, history repeats itself. Have you ever wondered as to why every time there is substantial progress in the field of Synthetic biology, we get mixed reactions? We are happy about the progress but when it comes to rewarding a patent to the inventors for the progress,…

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Natural or Man Made

This post was first published on April 4, 2010.   This is in furtherance of Mrs. Vinita Radhakrishnan's post regarding the US District Court decision on BRCA gene patents. Under the US Patent Law, anything that exists in nature is not patentable subject matter. This is also referred to as 'Product of Nature Doctrine'. The test for determining whether something exists in nature or not as laid down in Chakrabarty's case is whether a hand of man is involved in creating…

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The Gene Returns to its Body

This post was first published on April 1, 2010.   I’m still in denial of the summary judgment ruling provided by Judge Robert W. Sweet of United States District Court for the Southern District of New York in Association for Molecular Pathology v. USPTO on March 29th 2010. Looks like all that I read, understood and was convinced that gene patents demands a revisit. The 156 pages summary judgment that was issued on this Monday has for sure taken me by surprise.…

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Patent

Claiming with a Purpose, with the Blessings of the Inventor

This post was first published on March 1, 2010.   Claims draw the boundary to the invention that is being claimed. The boundary that is being drawn must be carefully done in order to ensure that the claims serve their purpose. The point here is that every claim must have a specific purpose and must be targeted to a potentially infringing product or process, or be targeted to protect a specific implementation (in case of defensive approach). In order for the practitioner…

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Something More About Swiss Type Claims

This post was first published on February 25, 2010.   On reading Siddharth’s post on the 19th February decision (G02/08) from the Enlarged Board of Appeal regarding the Swiss type claims, I got motivated to write something about the Swiss type claims and the reason for its birth and death. Like in India, Method of Treatment and Method of diagnosis (in vivo) has always been non patentable subject matter in Europe (Article 52(4)). Furthermore, before the concept of Absolute Novelty was introduced by…

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Swiss Claims are History!

  This post was first published on February 24, 2010.   If the 19th February decision (G02/08) from the Enlarged Board of Appeal (EBA) at the EPO is to be simplistically interpreted, “Swiss” Type claims are indeed history. As most of our readers must be aware of the nature of a “Swiss” type of claim language. A “Swiss” type claim is essentially used to cover the so called Second, Third and Subsequent uses/medical indications of a known substance or composition. Taking our readers a…

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Intellepedia - IP News Updates

Story of an Unchallenged Patent: Certainly Uncertain

This post was first published on February 16, 2010. Enabling designing around existing patents to promote progress of Science and technology forms a small but a non trivial part of the rationale behind existence of the patent system. To be able to safely design around patents it is critical to be able to understand the scope of protection rendered to that patent. The best place to start is the claims of patent since it determines the metes and bounds of the patented…

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