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BananaIP Counsels > Patents (Page 8)

Complications In Patenting Biotech Inventions: A Peek At US Law

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code. The objective of the US patent law as stated in the constitution is to promote the progress of science and technology. The patent...

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Merck’s Temodar continues to face generic threat!

First Publication Date: 23rd September 2010 Schering Corp, a subsidiary of Merck & Co, filed a patent infringement suit against Sun Pharma in response to Sun’s Abbreviated New Drug Application (ANDA). Sun Pharma through this ANDA is trying to seek FDA’s approval to commercially manufacture the generic version of the drug even before its patent term expires. Temodar, active ingredient Temozolomide, is one of world’s best selling brain cancer drug which is being marketed by Schering (now Merck). The patent,US5260291, governing Temodar was granted to Cancer Research Campaign Technology Ltd (CRT) in 1993 and is due to expire in 2013. Schering has...

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The Indian Patent Office and Secrecy Directions

First Publication Date: 16th August 2010 As per Section (35) of the Patents Act, 1970, the Controller may notify a patent application (i.e. a patent application before the grant/refusal) as a secret. The patent application may be of a class notified by the Central Government as relevant for defense purposes or may be up to the discretion of the Controller. The patent applicant is further prohibited from publishing information related to the patent application or communicating information related to the patent application to any third party. The patent application is then forwarded to the Central Government for consideration, whether the public...

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US Supreme Court- Bilski’s invention falls, Business methods Survive

First Publication Date: 29th June 2010 The much awaited Bilski decision has been pronounced by the US Supreme Court (Bilski v. Kappos). This closely watched and highly discussed case revolves around patentability of Bilski's hedging of risks business method invention. From the day when the patent examiner rejected Bilski's claims calling them 'mere manipulation of an abstract idea' the controversy has given rise to a lot of potent questions including the likes of patentability of software and business methods and restrictions on 35 USC 101. The debate got aggravated when the Court of Appeals for the Federal Circuit (CAFC) decided that the...

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Weekly Patent News: Indian Patent Statistics, Interesting inventions, New IP initiative by Indian Defence Ministry,Virtual market place for IP in Karnataka, USPTO unveils 2018-2022 strategic plan and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

“Indian patent statistics, Interesting inventions, Mission RakshaGyan Shakti – A new initiative by the Defense Ministry of India, Government of Karnataka to unveil a virtual marketplace for IP, IP Awareness Seminar held in University of Kashmir, Abbott Laboratories in yet another turmoil, this time over a stent patent and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week “Design transcends agenda. It speaks to the politics of optimism.” – Paul Bennett, Principal Researcher in Microsoft Research AI. Indian Patent Statistics A total of 760 patent applications have been published...

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Patent Troll in India?

First Publication Date: 10th June 2010 NTP has filed a patent infringement suit in a US District Court against Apple, Google, Microsoft, Motorola, HTC and LG. It alleged in the suit that the companies are liable for infringing eight of its patents relating to sending emails over wireless networks. This suit is significant because of two reasons: a. NTP is a patent troll, whose business model revolves around acquiring patents and licensing or enforcing them. It does not have any research activity and allowability of patent trolls for the said reasons had therefore been the subject of debate at the policy level;...

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Another patent granted over medicinal value of Cow’s urine

This image depicts a heard of cows. This post discusses the patents that have been filed for the composition of cow urine and its uses. Click on the image to read the full post.

First Publication Date: 24th June 2010 A patent was granted to CSIR with respect to a composition useful for protecting and/or repairing DNA from oxidative damages. The value of cow's urine has been emphasized in ancient Indian texts including the rig veda. Cow's urine is known to not only have medicinal value but is also used to purify ayurvedic medicines. The patent granted to CSIR claims a composition for preventing and repairing damage to DNA due to oxidation. The patent abstract and the first claim has been provided hereunder for your reference: United States Patent 7,718,360 ________________________________________ Composition (RCUD) for protecting and/or repairing DNA...

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Can a method of performing yoga be patented?

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.

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 in USA, Europe and other countries. The efforts of CSIR raise the question on whether yoga postures and processes can actually...

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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 patent, damages or an account of profits shall not be granted against the defendant who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed. A person shall not be deemed...

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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 adjustor for adjusting and locking seat belt webbing which is anchored at one end, the webbing adjuster including a base...

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