Tag: Patent Application

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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…

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Post-dating Patent Applications

This post was first published on 15th July, 2014.   A provisional patent application is usually filed with a singular purpose - To gain the first (earliest) filing date or to gain priority for the application. As we are aware, gaining priority or an earlier filing date is imperative to the patent grant process. Why then, do we find so many of us opting to post-date their provisional application before filing a complete specification? Post-dating refers to the shift in the Priority date of an…

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The Right Time and Means to Publish a Patent Application

This post was first published on 18th July, 2014.   If an invention has been published or publicly displayed, it will not be eligible for patenting except for in certain cases. As part of this post, we will look at an essential stage in the patenting process called Publication. We will also discuss the exceptions, where prior publication may not hinder the patenting of an invention. In India, once an application for a patent has been made, the application shall be published by the Patent Office…

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“Children, Don’t Just Invent, File Patents!”

This post was first published on 14th November, 2014.   The secret of genius is to carry the spirit of the child into old age - Aldous Huxley Every child is a genius. I wish all SiNApSE readers a very Happy Children's Day. This post brings you the knowledge about 4-year-old Sydney Dittman, who invented an aid for using knobs, called Aid for grasping round knobs (US 5231733), an extremely useful invention for the disabled. She invented it while playing with her toys…

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This image depicts two dolphins jumping high over the sea with the sunset in the Background. This image is relevant as it deals with TSM test which is the Teaching, Suggestion and Motivation test. Click on the image for more information.

The TSM Test and Non-obviousness

This post was first published on 6th December, 2014.   TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked: Is the prior art quoted instrumental in teaching the reader the method of producing the invention? Does the prior art or any of its contents suggest any method of producing the invention in question? Does the…

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This image depicts the Steam Engine invented by James Watt. This image is relevant as the post is about the invention which has brought the Industrial Revolution. Click on the image for more information

Invention that Revolutionized the Industrial Revolution!

This post was first published on 13th October, 2014.   Most of us have learned about the Industrial Revolution that took place in the 18th and 19th centuries, that ultimately resulted in the transition to the new manufacturing processes found even today. While I was reading about the industrial revolution, the question that flashed in my mind was, "Is there any invention that fueled the revolution?". Well, surprisingly (or not), the answer is a Yes! It's nothing but the Steam Engine. Let…

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Can there be a Patent for a Method of Patent Trolling?

This post was first published on 11th October, 2014. How about committing the crime of killing all the criminals so as to prevent crime? Sounds outrageous, doesn't it? Well, then how about patenting the patent troll in order to prevent patent trolling? The USPTO is proof enough for granting some of the weirdest and craziest patents. But this one seems to be the cherry on the icing on the cake. Halliburton Energy Services Inc. has made an Application No. 11/741429 before the…

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Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

This post was first published on 24th April, 2012. The relevant paragraphs of the case are reproduced below, a case brief will follow soon: 60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage…

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All is Not Lost: How to Restore your Priority Right!

This post was first published on 24th July, 2014. We are well aware of the importance of the Priority Right and therefore also know what losing a priority right can cause. It may throw even the strongest of inventions off balance. A valid priority claim would give us the priority date which is the date of filing of the first application. This date is also known as "effective date of filing” in many jurisdictions. In other words, as the name suggests, the prior…

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Patent Application for Acupuncture Needle

This post was first published on 5th April, 2011. On 6th November 1995, Tae. W Yoo of Seol from Korea filed a patent application (US 5624460) titled “Needle for Acupuncture”. Acupuncture is used as an alternative medicine, adapted from Chinese medical practices in which specific body areas are pierced with fine needles for therapeutic purposes. It can be used to treat or prevent disease. Acupuncture incorporates traditional Chinese medicine as an integral part of practice and theory. …

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