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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…
July 24, 2019 Intellectual Property, Patents 0Comment 532Views 0Like
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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…
July 24, 2019 Intellectual Property, Patents 0Comment 1658Views 0Like
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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. …
July 22, 2019 Intellectual Property, Patents 0Comment 644Views 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 1052Views 0Like
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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,…
July 18, 2019 Intellectual Property, Patents 0Comment 642Views 0Like
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Man Tried To Patent Godly Powers!

This post was first published on 8th September, 2011.    Christopher Anthony Roller filed a patent application (11/161,345) entitled “Godly Powers" on July 29th, 2005; he wanted the USPTO to grant him a patent for the same. Chris Roller wanted an exclusive right to the ethical use and financial gain in the use of godly powers on planet Earth. The Abstract of this invention is as mentioned below. “Christopher Anthony Roller is a godly entity. ‘Granters’ had been given my powers…
July 8, 2019 Intellectual Property, Patents 0Comment 1102Views 0Like
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Happy Feet – Useful Invention

This post was first published on December 23rd, 2011. A 64-year-old Richland woman named Guadalupe Olvera recently received a U.S. patent for her idea on foot-and-toes dryer device that will help those with diabetes and other patients. Guadalupe Olvera said that she was able to obtain the patent because of help and encouragement from teachers at Pasco’s Columbia Basin College, close friends and her faith in God. The patent involved here is United States Patent No. 8065814, titled “Foot drying…
April 28, 2019 Intellectual Property, Patents 0Comment 559Views 0Like
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Patents Enabling Stealthy Attack

This post was first published on 12th February, 2011. The prestigious Aero-India show 2011 has already taken off in Airbase Yelahanka. I wanted to watch the show on the opening day itself but unfortunately missed it. Aircrafts always has been a passion for me. So I thought of sharing some interesting facts about aircrafts, which are mentioned below. A fighter aircraft is primarily designed for air to air combat with other aircraft. Many of them are provided with ground attacking capabilities. The…
January 28, 2019 Intellectual Property, Patents 0Comment 648Views 0Like
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A Conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010.   Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed…
December 20, 2018 Intellectual Property, Patents 0Comment 1585Views 0Like
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Complications In Patenting Biotech Inventions: A Peek At US Law

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code.…
December 6, 2018 Intellectual Property, Patents 0Comment 908Views 0Like
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