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Patents

BananaIP Counsels > Patents (Page 64)

Patents and Olympics

The 2012 Summer Olympic Games is scheduled to take place in London, United Kingdom, from 27 July. Since the Olympics is around the corner, we would like to share some interesting patents issued pertinent to athlete performance. The patent (US6013007) discusses about a Global Positioning System (GPS) based personal athletic performance monitor for providing an athlete with real-time athletic performance feedback data. A feedback device, worn by the athlete is configured to send the performance parameters to AM, FM, and TV selected bands and can also be heard by the athlete using a headphone. A GPS receiver antenna in the feedback...

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Foreign Filing Intimation to Indian Patent Office

This image depicts the logo of the IP India Office. This logo is relevant because the post talks about the Foreign Patent Filing Intimation to Indian Patent Office. Click on the image to view full post.

Given the global nature of businesses today, it is not uncommon for a patent applicant to file patent applications in multiple countries for the same invention. Like many other patent offices, the Indian patent office imposes an obligation on the applicants to update the patent office with respect to foreign filings for substantially the same invention for which an application has been filed in India. The whole idea is to benefit from the opinion of the foreign patent office and to ensure that no frivolous patents are granted in India. Section 8 of the Patent Act, 1970 clearly provides that the...

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Delhi HC Interprets the Date of Grant of Patent

The image depicts the text 'Delhi High Court'

On request of one of our followers, we have revised the blog post titled, "Delhi HC Interprets the Timeline for Pre-grant Representation of a Patent" posted on 24th April. An important and essential question that came up before this Court in the case of Dr. (Miss) Snehlata Gupte vs Union Of India & Ors. was regarding when a patent is said to be granted under the Patents Act, 1970 (“Act”). In this case, the Court examined petitions having similar issues regarding when the patent was granted by the Controller and whether a pre-grant objection filed by the opposition was valid...

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

The image depicts the text 'Delhi High Court'

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 „person interested‟. The legislative intent is that the...

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A Patently Generic Win

In a landmark decision on a generic drug-maker’s ability to introduce a generic drug for uses not indicated on the branded product’s label, the US Supreme Court ruled in favour of Caraco Pharmaceutical Laboratories, a unit of Sun Pharmaceutical Industries, in its patent litigation against Novo Nordisk over Caraco’s generic version of Prandin, repaglinide tablets, a blood glucose lowering drug. The drug in question, Prandin, generically known as repaglinide, is used for treatment of Type-2 diabetes. The drug is approved for three different uses, out of which Novo had valid patent on one. However, in the use code, which is the...

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Patent: Indian Patent Portfolio of German Car Manufacturers

Germany is considered to be the birthplace of the automobile since late 1870's when Karl Benz and Nikolaus Otto independently developed four-stroke internal combustion engines. Germany has the largest share of passenger car production in Europe with over 29% market share, followed by France (18%), Spain (13%) and the United Kingdom (9%). Nearly six million vehicles are produced in Germany each year, and approximately 5.5 million are produced overseas by German brands. Germany is placed 4th among automobile manufacturers in the world after US, China and Japan. Some of the leading car manufactures in Germany are Daimler, Volkswagen, Audi, Porsche and...

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Patentability of Yoga- An Analysis

The image depicts a man in a yoga pose.

We are all aware that what is already  existing in the public domain falls outside the scope of patentability. This is because it is already known and hence the aspect of novelty, which is the primary requirement to qualify for a patent is absent. Moreover, what is already there in the public domain cannot be taken back, because patents grant exclusivity to the inventor. Patenting of traditional knowledge is nothing new, and as far as India is concerned it has had bitter experiences with turmeric, neem and basmati.  The need for documentation of traditional knowledge is given due importance as...

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