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Intellectual Property News and Analysis – Intellepedia

Public Use Exemption for Patentability

This post was last published on July 18th, 2014.   Today we will take a look at two patentability cases with a very similar premise, the premise being if the public use of an invention bars its patentability. What these two cases have in common is only the premise, and with a little scrutiny, we will see how contrasting the cases actually were. 1. Egbert v. Lippmann, 104 U.S. 333 (1881) In the year 1855, Samuel Barnes, designed corset springs, i.e., the springs that hold a corset together, for his wife who had expressed her dissatisfaction with the existing corset binders that were not...

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Amazon in Trouble Over Prime, KFC to Franchise 61 More Outlets, Indori Poha Likely to Join GI Race and Other News

Weekly Trademark News - BananaIP Counsels

  Indian Trademark Statistics for July (Third Week), 5 Crore Penalty for a Trademark Infringement, Ryanair Sued Over Trademark Infringement, TeeStory Launches Official Disney Merchandise, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”- Daniel J. Boorstin INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a decrease in its work pace. The total number of applications disposed through show cause hearings has...

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Keeping Secrets from the Patent Office? Think Again!

This post was first published on 17th July, 2014.   The Indian Patents Act, 1970 obligates an applicant under Section 8, Rule 12 to furnish information and submit an undertaking regarding foreign application or foreign filing. Under this section, an applicant has to submit details of the application filed 'in any country outside India in respect of the same or substantially the same invention' as required under section 8(1)(a); and an undertaking stating that the Applicant will keep the Controller informed of the application particulars till the time of grant as required under sub-section 8(1)(b). The only guideline available for meeting such an obligation...

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Novartis Case Review

  This Post was first published on 15th May, 2013.   NOVARTIS AG (APPELLANT) Vs. UNION OF INDIA & OTHERS (RESPONDENTS) Decided by the Supreme Court of India, CIVIL APPEAL Nos. 2706-2716 OF 2013.   Brief Facts The Appellant, Novartis, filed an application for patent in 1998 for a crystalline salt form of Imatinib and its use in cancer treatment. It specifically claimed the methanesulfonic acid addition salt form of the compound, Imatinib, called as Imatinib Mesylate (commonly referred to as Glivac or Glivec), in its beta crystalline form, which is non-needle shaped, having better flow properties, thus better processible, less hygroscopic and more thermodynamically stable, thus better...

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Post-Graduate Diploma in IPR, Patent backlog decreased by 50%, Bayer sued in Brazil 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.

“Patent News Bulletin: Indian Patent Statistics, Indian Industrial Design Statistics, Interesting Inventions, IDENTIFY POLLUTANTS FROM VEHICLE EXHAUST AT TOLL PLAZAS WITH PROVISION OF PENALTY, DRINKABLE SEA WATER: DESIGN INTELLIGENT SOLAR ADSORPTION DESALINATION & COOLING SYSTEM ON SEA WATER, Indian Patent News, DPIIT receives reduced budgetary allocation for Financial Year 2019-20, RMNLU, Lucknow invites applications for Post-Graduate Diploma in IPR, Patent backlog down by 50%, Patent Licensing / Commercialization, TiVo & LG sign expanded IP Licensing Agreement  International Patent News, Brazil cotton farmers sue Bayer and more” presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading...

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Can Sound Be Registered as a Trademark?

This image depicts the logo of MGM, the motion pictures producers. The logo consists of a roaring lion. The depiction is accompanied by a majestic roar of the lion. Is this trademarkable? This post deals with the question as to whether sounds can be trademarked. Click on the image to read the full post.

  This post was first published on 15th October, 2012.   A trademark is a word or symbol which is associated with a product or company. It is one of the important Intellectual properties of any Company. With the diversification of means for branding products, sound marks/sound logos (such as Intel's "Intel inside" musical jingle"; MGM lion's roar) have got prominence and their protection has become an important aspect. No company would desire such a unique identification sound to be moving into public domain. So, various countries like U.S, Germany have started registering such distinctive marks.   The decision of the Canadian Federal Court in...

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Final Rules For Administrative Trials Published

This post was first published on 15th August, 2012.   The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will publish final rules in the Federal Register, relating to implementation of three administrative trial provisions of the Leahy-Smith America Invents Act (AIA); inter partes review, post-grant review, and the transitional program for covered business method patents. The administrative trial final rules offer a third party a timely, cost-effective alternative to district court litigation for challenging the patentability of a claimed invention in an issued patent.   These rules become effective on September 16, 2012. The final rules for inter partes review...

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Wankel Engine, Although Revving not Revolutionary

This post was first published on 13th June 2014.   What's the one thing that is common between a 1975 Suzuki RE5 motorcycle and a Mazda Taiki supercar? Believe the answer would be - the Engine. Both these vehicles are powered by an engine called the ‘Wankel Engine’. Ranging from a simple single cylinder engine that powers our motorcycles with great mileage, to advanced SCRAM jet engine that propels hyper-sonic airplanes to an astonishing speed of 10,000 km/h, IC engines have evolved over the years. There are many varieties of IC engines based on their working cycles, construction, application, fuel used etc. In general, the...

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Bombay High Court Rules that CBFC has no ‘Intellectual Morality’,US Copyright Office forms a Mechanical Rights Society,Rapper Sues Insurance Company over Copyright Infringement Lawsuit, and more.

Copyright and Entertainment Laws News

  Bombay High Court Rules that CBFC has no ‘Intellectual Morality’; Upcoming Film “Roohi Afza” Averts Copyright Infringement; Copyright Infringement Lawsuit filed against the film ‘Mission Mangal’; Rapper Sues Insurance Company over Copyright Infringement Lawsuit; US Copyright Office forms a Mechanical Rights Society; Huawei continues to remain on US Export Blacklist; Restrictions on Sale by E-Commerce Platforms; Etsy asks Sellers to include Shipping Price in their Items; E-Commerce Policies in India under Budget 2019, and more. NATIONAL NEWS Bombay High Court Rules that CBFC has no ‘Intellectual Morality’ The Censor Board of Film Certification (CBFC) received flak from the Bombay High Court after...

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Are You Ready for a Walk on Water?

This post was first published on 13th January, 2011. We generally use the phrase “Walking on water”,  to refer to a miracle or accomplishing something nearly impossible. But if we consider the literal meaning of it, is it really possible to walk on water? A lot of people dream of walking on water and infact some have walked on water either in reality or as an illusion or miracle. After Lord Ram performed the feat, Leonardo da Vinci in 15th Century sketched how a man can walk on water. Since then, numerous inventions have come up to turn this dream into...

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