Tag: invention

Anticipation – Mere Presence of Elements Insufficient; Arrangement of Elements Imperative

This post was first published on July 15, 2014.   How is the novelty of an invention established? Another question with a similar connotation is - How does one determine if an invention is anticipated? Simple. Let's see if something exactly alike exists. Apparently, the district court of the District of Arizona didn't think so. We'll look at a case that will put to rest a lot of doubts surrounding the anticipation of inventions. The case, Net MoneyIN, Inc. v. Verisign,…

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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,…

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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…

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Image accompanying blogpost on "Greatest Path-Breaking Invention!""

Greatest Path-Breaking Invention!

First Publication Date: 2nd December 2010. Since the Neanderthal age man has been on a perpetual quest to improve its living conditions which has made it possible for science to advance from one stage to another. Man is a curious being and to satisfy its insatiable curiosity it has constantly been on the lookout for new things. The essential human journey has witnessed visionaries and inventors  who have always been in a race with time which has resulted…

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The featured image is the logo of novartis.

Patentability and Section 3(d), History of Patent Law in India, Patentability of Imatinib Masylate in Beta Crystalline Form – Novartis Case Abridged by Dr. Kalyan C. Kankanala

This abridged version of the Novartis case was used by Dr. Kalyan C. Kankanala to explain to the students of UPES, the patentability requirements under the Patent Law and the significance of Section 3(d) under the Patents Act. This abridged document was provided to the B.tech - LLB students at UPES School of Law as part of the Patent Law and Practice Program being taught by the BananaIP Team. The Novartis case has been abridged to suit the discussion in the class, and to…

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Historical Patents: To Pin or Not to Pin

A destitute man was nervously twisting a brass wire in his work-shed, trying to think of something that would help him pay off his debt, when an idea struck him. The man was Walter Hunt, and the idea was a dress pin, which we know as the modern safety pin. In his patent filing for the safety pin, Hunt described the invention of “a pin made of one piece of wire or metal combining a spring, and clasp or catch,”…

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Innovation Driven Automobile Industry

  The Indian auto and affiliated industries have seen unprecedented progress and growth in the last ten years.  India has gone from an economy which used to replicate innovation and products from industrialized nations to becoming one of the preferred destinations for research and development, as well as manufacturing.  To compete globally however, it is essential for organizations to invest in, develop and capitalize on their intellectual property (IP).  But how to go about this is something that most Indian companies…

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