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Inventive Step Tag

BananaIP Counsels > Posts tagged "Inventive Step"

Inventive Step of an Invention Analysed

This post was first published on 16th July, 2014.   We will today discuss a case in the Indian Patent history that showcases how the IPAB and the IPO analyse the Inventive Step or Obviousness of an invention. Green Cross Holdings (Appellant) v/s Controller of Patents and Deputy Controller of Patents (Respondents) Case: This judgment, passed on June 18th, 2014 by the IPAB, was based on an appeal made by Green Cross Holdings against the order made by Deputy Controller of Patents on Aug 13th, 2009, rejecting their application (Appl.no: 1563/DEL/2005) for the invention titled Pharmaceutical preparation of recombinant Factor VIII lyophilized without Albumin as a stabilizer. Objections...

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Inventive Step – Technical Advance

This post was published on 18th September, 2013.   In a recent case decided by the IPAB at a circuit sitting bench in Delhi on 5th July 2013, the Appellant (Electronic Navigation Research Institute, Tokyo) claimed that it had invented “A Chaos Theoretical Exponent Value Calculation system” and applied for patent under 3624/DELNP/2005. The Deputy Controller held that the functions of the this system was based on mathematical method for solving mathematical equations, and declined to accept the technical effect theory followed under European Patent law, as he was of the opinion that the Indian patent law does not allow patents for...

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Can Combining Contrivances Give Rise to Inventive Step? – An IPAB Case Note

The image depicts an Hygrometer.

This post was published on 24th January, 2014.   Eaton Electric BV Vs. Deputy Controller of Patents and Designs, Intellectual Property Appellate Board (IPAB) Decision - Mp. No. 86/210, Decided on 14th July, 2011. Invention: A hygrometer is used in combination with the arrangement of a moisture absorbing agent, which is provided inside the enclosed housing of a Switch Gear. Prior Art: 1. Switch gear in enveloping housing filled with dry air to control Arc energy. 2. Introduction of moisture absorbing agent to reduce water content in the air. Question: Does the invention possess an inventive step in light of the prior art? The invention is an improvement over existing switch...

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From Dress Pin to Safety Pin

This image depicts a Safety-Pin. This image is relevant as the post is about the evolution from Dress pin to Safety Pin. Click on this image for more information

  This post was first published on 2nd September, 2014.   Inventive step / Non-Obviousness is one of the most important patentability criteria in almost all patent jurisdictions. Non-obviousness is the term used by the USPTO and is codified in 35 USC § 103. The requirement is that the claimed invention being patented should not be obvious, meaning that a "person having ordinary skill in the art" should not be able to easily guess or put two or more things together to arrive at the invention seeking a patent  grant. Now, let’s discuss the Inventive step / Non-Obviousness criteria with an interesting example relating to the Dress Pin invention...

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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

The featured image is the logo of novartis.

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 make it readable for purposes of topics covered. Students are encouraged to read the full decision to learn the history...

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Analyzing Patentability of Inventions – A Presentation by Dr. Kalyan C. Kankanala at the UPES School of Law

The featured image is a screen shot of the first slide that forms part of this presentation.

This presentation is part of the 'Patent Law and Practice Program' being taught by BananaIP Team at UPES School of Law to B.tech-LLB Students. This presentation is titled "Analyzing Patentability of Inventions" and covers the following topics: Patentability Requirements Patentable Subject Matter Exclusions Examples Industrial applicability Novelty Inventive Step Secondary Indication Examples Specification Dr. Kalyan's Latest IP Thriller - The Dravidian You may access the full presentation here: [slideshare id=81405702&doc=class2patentabilityrequirementsoverview-171031051706] About Dr. Kalyan C. Kankanala Dr. Kalyan C. Kankanala manages the largest new age Intellectual Property Firm, BananaIP Counsels, headquartered at Bangalore, India. In addition to helping clients maximize business value from intellectual assets, Dr....

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Patent News

The featured image shows the word patent written in blue on a white background. The post is about the latest Patent updates. To know more, please click here.

  Hello Readers!! There has been a lot that has been brewing over the past few weeks with respect to Patents. We have decided to recapitulate the patent news which have recently hit the headlines in our segment, Weekly Trends. Let us take a quick look at what happened in the past weeks, with this weekly update.   Dyson is coming to India! Dyson Ltd. a well-established UK-based Technology company will be entering India with its wide range of patented products next year and has already applied for a business license. Dyson has decided to partner with leading retailers to sell its products and...

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Patent Law in India- PPT on Patentability Requirements by Dr. Kalyan C. Kankanala at NLSIU

This presentation was delivered by Dr. Kalyan C. Kankanala at NLSIU, Bangalore, India, as a part of the Patent law course offered for PGDIP students. The presentation covers: Introduction to Patentability Requirements and their role in the Patent System in India; The Patent Filter Model; Patentable Subject Matter - Eligible Subjects and Ineligible Subjects; Inventions and Non-Patentable Subject Matter; Section 3 Exclusions with special reference to Section 3(d); Novartis Case - New Form, Known Substance, Known Efficacy; Computer Programs Per Se; Traditional Knowledge and Patentability; Genetic Engineering and Patentability; Life Forms and Patentability; Industrial Applicability - make, use and repeat; ...

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Merck v. Glenmark – A Bitter Battle of Pills

  The Delhi High Court has restrained Glenmark from making and marketing generic versions of Merck Sharp & Dohme (MSD)'s popular antidiabetic drug “Januvia” (sitagliptin) and “Janumet” (combination of sitagliptin and metformin) in its latest order dated October 7, 2015. The order restrains Glenmark from making, using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin Phosphate Monohydrate or any other salt of Sitagliptin in any form, alone or in combination with one or more other drugs or from doing any other thing that infringes the claimed subject matter of MSD’s Indian Patent No. 209816, granted on 6th September,...

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Special 301 Report: Chapter V. Inventive Step & 3(d) – Comprehending Apprehension or Apprehending Comprehension?

Is Section 3(d) an extension of the Inventive Step analysis?

The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows:

Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.

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