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Patents Act Tag

BananaIP Counsels > Posts tagged "Patents Act"

Differentiating Patents and Industrial Designs

The featured image reads patents versus industrial designs.

Patents and Industrial Designs are both subsets of Intellectual Property Rights, along with Trademarks, Copyrights, Geographical Indicators, etc. Although these two types of Intellectual Property Rights are very distinct in nature, many tend to confuse the two. According to the World Intellectual Property Organization (WIPO), patents are an “exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.” Patent rights are granted to an inventor, by the government, and it permits such inventor to exclude others from making,...

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Morality and Patentability of Sexual Inventions

The featured image shows a woman whose image is split in two halves. One part is red and shows the devil on her shoulder while the other is blue and shows an Angel on the shoulder. The picture is also captioned "Morality by its own standards is the most immoral thing to exist, because it can justify the most horrible atrocities in the name of so-called greater good". To read more click here.

Morality is regularly cited as a ground of objection by the Indian Patent Office (IPO) while examining applications involving sexual inventions relating to aids, devices and stimulants. To understand if any of the patent applications managed to overcome the said objections and proceed to grant, we reviewed patent applications in class A61 relating to sexual aids, stimulants, toys and methods. Details of the patent documents reviewed have been provided in another part of this post. Out of seventeen (17) sexual inventions we identified, morality objection has been raised in all seven (7) patent applications for which examination reports were issued. Three...

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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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Lee Pharma v. AstraZeneca- An unfinished Patent Story

Compulsory licensing cases and India have a peculiar relationship. They are in a way, soul sisters in the world of Intellectual property. Section 84 of the Patents Act, 1970 has always been the subject of intense debate. It hasn’t been very long since India issued its first ever compulsory licence to Natco Pharma, an Indian generic company, for Bayer’s blockbuster anti-cancer drug Nexavar (Sorafenib) in March 2012. Two other CL applications followed the Nexavar case, one relating to Roche’s Herceptin and the other relating to Bristol Myers’ Dastanib, but lady luck favored the respondents in both these cases and the...

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