Celebrating 20 Years of IP Excellence

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Is a Method of Massaging Patentable subject matter?

First Publication Date: 12th January 2010 This post is in furtherance of a question posed by one of my students at NLSIU. The question was - "Can a method of massaging be patentable in India?". He apparently saw a massage centre stating that they have patented their massage methods. In my opinion, a process of performing a massage that is not related to treatment of a disease or disorder is patentable in India provided it satisfies the industrial applicability,…

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Aktiengesellschaft Vormals Meister Lucius & Bruning a Corporation etc.Vs Unichem Laboratories

First Publication Date: 20th December 2009 The case related to a patent in respect of the manufacture of new sulphonyl-ureas, salts of those compounds and of anti-diabetic preparation containing such compounds. One of the chemical compounds comprised in the said patent was Tolbutamide, and since 1957 the patent holder had been marketing the same as an anti-diabetic drug in India and all over the world under the trade mark "Rastinon". The patent holder filed an infringement suit against the Respondents…

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Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Scope of Government Use Exemption in India

First Publication Date: 14th December 2009 In a recent case involving Chemtura Corporation, Union of India and Others, the Delhi Court interpreted the scope of government use exemption under Section 47 of the Patents Act. The patent holder in the case, Chemtura, filed a patent infringement suit against Union of India and others with respect to an invention concerning side bearing pad assembly and sought a temporary injunction during the pendency of the suit. The infringement action was filed…

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Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

First Publication Date: 15th December 2009.   This case can be considered to be the most important case in inventive step jurisprudence in India. Though the case was decided in 1978, the principles laid down in the case are followed even today and have been codified in the Indian Patent Act. The patent in the case related to a means for holding utensils for turning purposes . According to a preferred feature of the invention disclosed in the patent, the pressure end of…

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Bajaj-TVS Litigation

First Publication Date: 14th December 2009 The litigation between Bajaj and TVS, which was very widely reported in the news showed the value of patents for gaining business advantage. The case briefs with respect to the litigation between the parties have been provided hereunder for the reader’s benefit. The cases relate to grant of injunction by the Court. Bajaj Auto Vs. TVS Motor Company Bajaj Auto Ltd. ("Bajaj") acquired a patent with regard to an invention relating to…

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Ex-parte Injunction Vacated Due to Lack of Prima-Facie Case of Infringement

First Publication Date: 9th December 2009.   Asian Electronics Ltd v/s Jumbo Electric Company (Delhi High Court, 12th November, 2009) Facts of the case: Asian Electronics (hereinafter referred to as the plaintiff) is the holder of an Indian patent 193488, which talks about a kit for converting a fluorescent lighting fixture from inductive operation to electronic operation. The corresponding US patent can be seen here. The plaintiff stated that Jumbo Electric Company (hereinafter referred to as the defendant) was manufacturing and selling the identical…

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Department of IT to Support SMEs in International Patent Protection

  First Publication Date: 8th December 2009   Department of Information Technology, MCIT has introduced a scheme, known as SIP-EIT (Support International Patent Protection in Electronics and IT),in order to provide financial support to Small and Medium Enterprises /Technology Start-Up companies for international patent filing in the area of information technology and electronics. International patent filing includes the PCT(Patent Cooperation Treaty) route or direct filing of the application in any country. However, the applicant has to justify his reasons for choosing a particular…

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Checking Patent Status Online in India

Checking Patent Status Online in India

  Applicants often approach us asking us how they can check the status of their patent applications online. Through this post, we attempt to show you how to exactly do this. The Indian Patent Office introduced the Indian patent search database called inPASS or Indian Patent Advanced Search System for the first time in 2015. inPASS replaced the then official database of the patent office called iPAIRS (Indian Patent Information Retrieval System) to provide a more simple, robust, and user-friendly database. So how does…

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The featured image shows a woman whose image is split in two halves. One part is red and shows the devil on her shoulder while the other is blue and shows an Angel on the shoulder. The picture is also captioned "Morality by its own standards is the most immoral thing to exist, because it can justify the most horrible atrocities in the name of so-called greater good". To read more click here.

Morality and Patentability of Sexual Inventions

Morality is regularly cited as a ground of objection by the Indian Patent Office (IPO) while examining applications involving sexual inventions relating to aids, devices and stimulants. To understand if any of the patent applications managed to overcome the said objections and proceed to grant, we reviewed patent applications in class A61 relating to sexual aids, stimulants, toys and methods. Details of the patent documents reviewed have been provided in another part of this post. Out of seventeen (17) sexual…

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Frivolous inventions, Idly patents, Patent office being modernized, Annual Report for 2016-2017 published, Microsoft accused of patent infringement, UK ratifies UPC agreement, Patent tip of the Week and other news

  “Frivolous inventions, Idly patents, Annual Report for 2016-2017 published, Ramesh Abhishek: dramatic improvement in examination and disposal of IPR applications, Patent office being modernized says Minister Suresh Prabhu, Microsoft accused of patent infringement,  Qualcomm easing patent licensing terms, UK ratifies Unified Patent Court Agreement, USTR continues to place India, China and Others on priority watch list, Patent Tip of the week and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.…

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