+91-80-26860424 / 34

Call Us Today



Patents Tag

BananaIP Counsels > Posts tagged "Patents" (Page 11)

Who Must Pay for Appointment of Scientific Advisors? Vittal Mallya Scientific Research Foundation Vs. Indfrag Limited

The image depicts the Madras HC.

First Publication Date: 9th December 2009 The case related to infringement of a patent relating to a process concerning the double metal salt of HCA. During the pendency of the suit, the court ordered for the analysis of the processes of the product called Double Metal Salt of Hydroxycitric Acid of the parties in the case by the Department of Chemistry of IIT, Madras. The objective of the analysis was to check if the alleged infringer’s process was different from that of the patent holder. The Court ordered that the parties in the case have to bear the cost of the...

Continue reading

Department of IT to Support SMEs in International Patent Protection

The image depicts a man jumping with the words start up written in the background.

  First Publication Date: 8th December 2009   Department of Information Technology, MCIT has introduced a scheme, known as SIP-EIT (Support International Patent Protection in Electronics and IT),in order to provide financial support to Small and Medium Enterprises /Technology Start-Up companies for international patent filing in the area of information technology and electronics. International patent filing includes the PCT(Patent Cooperation Treaty) route or direct filing of the application in any country. However, the applicant has to justify his reasons for choosing a particular country. The prosecution costs involved in international patent filings such as attorney fee, professional fee, statutory fee of patent office, examination...

Continue reading

Patent and Public Domain Balance 2 – Patentability Requirements

The image depicts encircled letters P and D.

First Publication Date: 8th December 2009. An invention will be eligible to get a patent only if it satisfies the patentability requirements, which are patentable subject matter, industrial applicability/utility, novelty, non-obviousness/inventive step and specification. The government uses the patentability requirements to verify the worthiness of an invention for patent grant. The patentability requirements are like filters arranged in succession as shown in the figure below. Figure - Kalyan's Patent Filter Model A patent will be granted over an invention only if it passes through all the filters. Grant of a patent is the cumulative effect of satisfaction of all the requirements. Analysis of...

Continue reading

Patent and Public Domain Balance – 1

The image depicts the Schema for Patent and Public Domain Balance.

First Publication Date: 1st December 2009   Patent Law is believed to promote the progress of science and technology by providing exclusive rights to inventors for a limited period of time. It operates on the principle of 'Quid Pro Quo' or 'Give and take'. An inventor gives an invention to the public and takes exclusive rights over it for a limited period of time.The grant of exclusive rights is believed to provide incentives to invent, invest, design around and disclose. Possibilities of commercial benefits during the period of exclusive rights is believed to encourage inventors to invent and investors to invest. Incentive...

Continue reading

Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

The image depicts the main building of AGC situated in Netherlands.

  First Publication Date: 9th November 2009   In my earlier post I had discussed about the prosecution and litigation and the effects of prosecution on the outcome of litigation. Friends, here is a case where the Delhi High Court has allowed a Patent holder to amend his claim (or, should I say extending the scope of claim) after a suit for infringement has been filed. An Indian Patent (no. 190380) has been granted to AGC flat glass (formerly, known as Glaverbel). AGC files a suit for infringement against Saint Gobain Glass (alleged infringer). Facts: 1) AGC’s invention is a product called Mirox New Generation Ecological Mirrors...

Continue reading

Case Review: Garaware v. Techfeb

The image depicts a human face with the text 'technology' at the base.

First Publication Date: 19th November 2009 In my previous post I had analyzed the claim of the patent that is alleged to have been infringed. In this post, I will follow it up by analyzing the complete specification, and commenting on the manner in which the patent specification is drafted and positioned for examination. I have uploaded the patent specification for those of you who want to give it a read: IN195352 - Garware - Garaware vs Techfab The invention (I am calling the subject matter claimed in the specification an "invention" as a patent is granted to it. However, we will scrutinize the...

Continue reading

Garaware Vs Techfeb

The image depicts a gabion alongside a river.

  First Publication Date: 7th November 2009   An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent. The details of the case can be found if you have access to Manupatra, or just try googling for details, and you might just get lucky!While there are various issues that I would like to analyze...

Continue reading

Life of a Gene in India

The image depicts a picture of a dna as the post is about life of a gene patent in India.

First Publication Date: 3rd November 2009   Last weekend, at a training session in Hyderabad, I was once again confronted by the ever sizzling issue of Indian Patent Office's stand with regard to patenting of Gene Sequences. The outcome of that heated argument is this post of mine. Prior to signing the TRIPS, any invention even remotely linked with living organism (including micro organisms) was not patentable subject matter in India. Article 27 (3) of TRIPS required its signatory to allow patents for microorganisms. Thus, in an effort to be compliant with the TRIPS agreement, the Indian Patent Act was amended in order...

Continue reading

Claims! A Legal Fence and Public Notice

The image depicts a patent fight between two groups of people.

  First Publication Date: 1st November 2009   The government in the guise of the patent office is guided by the Patent Act and rules of the respective country to confer the necessary rights to the inventor(s) for his/her invention. The extent of the rights is determined by the scope of the claims in a patent application which the inventor(s) files with the patent office. The two broad factors that largely tend to affect the scope of the claims are: 1) The prosecution history of that particular application; and 2) The court’s interpretation of the claims while the patent is in litigation. After an application for a...

Continue reading

To Publish or Not: Well, it Depends!

The image depicts a cartoon of a newspaper as the post is about publication of patent application.

First Publication Date: 5th November 2009.   In US, it is possible to block publication until grant of a patent application provided certain conditions are met. According to § 1.213 of MPEP, if the invention disclosed in an application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the application will not be published, provided: (1) A request (non-publication request) is submitted with the application upon filing; (2) The request states in a conspicuous manner that the application is not to be...

Continue reading
Speak with an IP Expert Today
close slider