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The Non-Obviousness Requirement and its Evolution – Graham vs. John Deere

This post was first published on 16th July, 2014. Today's special is the case that has set a high precedent in US Patent Law practice, acquiring the status of the highest cited case in subsequent cases decided by several courts, especially the CAFC. Graham vs. John Deere Co. is cited extensively since it clarifies the judicial standing on the requirement of non-obviousness of an invention. William T Graham (Graham) sued John Deere Co. (Deere) for patent infringement. Details: Graham invented a…
July 20, 2019 Intellectual Property, Patents 0Comment 2556Views 0Like
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Common Reasons for Delay in Grant of Patent

This post was first posted on 20th July, 2o14.   A Patent gives its owner a monopolistic right and protection against unauthorized use of anything under its protection. This is the reason that a patent only gets granted once it passes several levels of stringent scrutiny. This phase is called the examination of the patent application. Examination of the application determines whether the patent application is worthy of a patent grant and thus, unless the application fulfills all patentabilty criteria, it does not receive a grant. For…
July 20, 2019 Intellectual Property, Patents 0Comment 1053Views 0Like
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Patents May be Relatively New to Indians, but Inventions are Not

This post was first published on 10th March, 2014.   It gives the SiNApSE blog Team great pleasure to bring forth to our readers a 1971 US patent in which Mr. C. T. Dwarakanath from CFTRI, Mysore, was an inventor. Mr. Dwarakanath was a co-inventor in the patent entitled, "Process for reduction of aflatoxin content of oilseed meals by ozonization", bearing number 3,592,641. The invention was conceived and reduced to practice during one of his visits to Louisiana, USA on a project…
July 20, 2019 Intellectual Property, Patents 0Comment 481Views 0Like
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The image is a bottle of liquor 8 PM. The post is about a Delhi High Court decision about trademark in numbers. Click on image to view post.

Inebriated @ 8

This post was first published on December 22, 2011. In a very recent decision of the Delhi High Court in the case of Carlsberg India Pvt. Ltd. v. Radico Khaitan (decided on 20th December, 2011), a division bench revisited the ever debated question of trademark rights in numbers. A quick glance over the facts reveals that Radico has been the registered proprietor of the trademark '8 PM' for whiskey and other liquor. In February, 2011, Carlsberg launched Beer under the mark…
July 20, 2019 Intellectual Property, Trademarks 0Comment 635Views 0Like
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This image depicts two people trying to join a puzzle. This image is relevant as their is a threat to the co-existence of the Breeder's rights and patent rights. Click on this image for more information

Threatened Co-existence of Breeders Rights and Patent Rights

This post was last published on September 1st, 2014.   Innovation has always been focused on existing plant varieties which scientists use for improvements and for which breeders' exemption (the right to use protected plant varieties in their research and claim ownership of the results) is granted. But patents don't provide for a breeders' exemption and researchers will have to pay for access to patented materials used in their research if they are allowed access at all. Patent stacking has become common…
July 20, 2019 Intellectual Property, Patents, Plant Varieties 0Comment 746Views 0Like
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This image describes a can of Coca Cola. This image is relevant because this post talks about whether or not Coca Cola's trade secret is still a trade secret. Click on the image to view full post.

Is Coke’s Formulation Still a Trade Secret?

This post was first published on February 16, 2011. Coca Cola's secret formulation is the most cited example to elucidate the business value of trade secrets. Coca Cola has been taking stringent measures to protect the secrecy of its formulation and it is believed that the formulation makes it the most popular soft drink in the world. Recent news reports seem to suggest that Coke's formulation is not a trade secret any more. Alleged claims of a weekly public radio…
July 20, 2019 Trade Secrets 0Comment 1538Views 1Like
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Myriad Genetics Case : Genetic Patentability

This post was first published on 19th August, 2013.   Finally, I have managed to read the Myriad Genetics case at peace. Off late, setting out to analyze the US Supreme Court's patent decisions has become a much easier task than earlier. Firstly, the Court has gotten clearer in the recent past, and secondly, it is no longer a one sided patent friendly Court. The decisions of the Court in KSR, Bilski, Mayo, and finally this case indicate that trend. In the…
July 19, 2019 Intellectual Property, Patents 0Comment 735Views 0Like
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Ideas

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,…
July 18, 2019 Intellectual Property, Patents 0Comment 642Views 0Like
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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…
July 17, 2019 Intellectual Property, Patents 0Comment 580Views 0Like
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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…
July 15, 2019 Intellectual Property 0Comment 1876Views 0Like
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