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BananaIP Counsels > Patents (Page 78)

Special 301 Report: Chapter V. Inventive Step & 3(d) – Comprehending Apprehension or Apprehending Comprehension?

Is Section 3(d) an extension of the Inventive Step analysis?

The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows:

Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.

Happy Birthday, Houdini!

This image depicts Harry Houdini in handcuffs.

Magic is an art in which a magician performs seemingly impossible tricks for entertainment. When it began, people used to associate magic with evil and so the industry faced several hiccups. However, as a result of constant effort of many magicians of that era, people slowly became interested in magic, and came to accept it as a legitimate art in the 18th century. In this post, I will introduce a legend, who was not just a prominent magician, but also an inventor. It is none other than Harry Houdini – the “Great Escape Artist”. Harry began his magic career in 1891 with traditional card tricks...

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Patent Opposition and Revocation: A Presentation

A patent right is a monopolistic right that is granted only after stringent scrutiny of the patent application. The right is not enjoyed by a patent applicant/patentee unless it is proved beyond reasonable doubt that this proprietorship is well deserved of the invention. Since this grant of patent right affects third parties monumentally, they are given an opportunity to participate and intervene in the grant process by filing oppositions and request for revocations. An application can be opposed before grant as well as until one year after grant. Any person can oppose the grant of patent 6 months after publication of...

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Patent e-filing Amendment

The image depicts the Patent Office at Wadala

India has upgraded Electronic filing facility of patents which was launched 5 years ago. The Indian Patent Office (IPO) first launched the e-filing services for patents in the year 2007 which enabled online filing of new applications for patents. The service is successfully being used by stakeholders. Appreciating the significance, the IPO has further developed the system so as to cover comprehensive e-filing for patents, wherein, in addition to online filing of new applications, subsequent filings have also been integrated. On March 7th 2014, another upgrade was made by the IPO for some more facilities through the e-filing system. The IPO has...

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Working of the Patent Process: A Presentation

[slideshare id=30739030&doc=patentprocess-140202222148-phpapp01] A patent is a monopolistic right granted by the government for a specific period of time in return for the disclosure of an invention which is in conformance with the patent laws of a country. The protection for the invention is initiated by making a strategy as to how and when a patent application should be filed and this monopolistic right comes to an end 1 year after the payment of the 20th year annuity/maintenance fee. The life cycle of the patent application undergoes similar stages in almost all countries. Filing of an application is followed by its publication, later...

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The 3D Effect of Novartis Case on Genetic Inventions

The featured image shows many strips of tablets and a thermometer on a grey background. The post is regarding the trademark dispute between Cadila health care and Sun Pharma . To know more please click here.

The Novartis decision of the Indian Supreme Court rejecting patentability of the cancer drug, Imatinib Masylate in its beta crystalline form (commonly called 'Glivac'), has been commended for its outlook on public interest and access to health. It was infact an important decision for cancer patients as it removes the last possible hurdle to access the drug at one tenth of its cost, which was around Rs. 1, 20, 000/- per month. The main issue in the case revolved around Section 3(d) of the Indian Patents Act, which prohibits patents on new forms of a known substance unless enhanced efficacy...

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Laws of Nature / State of Art Interface

The image depicts an RNA strand

The laws of nature exclusion is one of the basic exceptions to patent eligibility in  many jurisdictions. While the extent of its applicability may vary from country to country, it is recognized as one of the important elements for subject matter enquiry with respect to biology based inventions. Laws of nature include products of nature, natural relationships and natural phenomena, among others. The test that is commonly followed for determining whether an invention falls within the scope of laws of nature or not is the hand of man test. The test  precludes anything that is obtained by human intervention from...

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Research Institutes and Patent Suits

This post was first published on February 9, 2012. Research centres today are waking up to the revenue potential of their research data and are ready to go to the extent of fighting legal battles to claim, protect and benefit from their intellectual property. One such battle is the lawsuit filed by the Leonard and Madlyn Abramson Family Cancer Research Institute at Pennsylvania against its former scientific director, Dr. Craig B. Thompson (who is currently the President & CEO of Memorial Sloan-Kettering Cancer Center). The lawsuit, which was filed in the United States District Court in Manhattan in December by the...

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