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Ex-parte Injunction Vacated Due to Lack of Prima-Facie Case of Infringement

First Publication Date: 9th December 2009.   Asian Electronics Ltd v/s Jumbo Electric Company (Delhi High Court, 12th November, 2009) Facts of the case: Asian Electronics (hereinafter referred to as the plaintiff) is the holder of an Indian patent 193488, which talks about a kit for converting a fluorescent lighting fixture from inductive operation to electronic operation. The corresponding US patent can be seen here. The plaintiff stated that Jumbo Electric Company (hereinafter referred to as the defendant) was manufacturing and selling the identical…
October 26, 2018 Intellectual Property, Patents 0Comment 889Views 0Like
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Patentability of New Form, Use or Property – Section 3(d)

First Publication Date: 11th December 2009 Section 3(d) of the Patents Act provides that mere Discovery of a new form or new use or new property of a known substance is not patentable. The discovery of a new form of a known substance will be patentable only if it results in the enhancement of the known efficacy of that substance. Salts, esters, ethers, polymorphs, metabolites, pure forms, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of…
October 26, 2018 Intellectual Property, Patents 0Comment 1712Views 0Like
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Who Must Pay for Appointment of Scientific Advisors? Vittal Mallya Scientific Research Foundation Vs. Indfrag Limited

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…
October 25, 2018 Intellectual Property, Patents 0Comment 656Views 0Like
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Department of IT to Support SMEs in International Patent Protection

  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…
October 25, 2018 Intellectual Property, IP for Start Ups 0Comment 769Views 0Like
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Patent and Public Domain Balance 2 – Patentability Requirements

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…
October 25, 2018 Intellectual Property, Patents 0Comment 1031Views 0Like
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Patent and Public Domain Balance – 1

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…
October 25, 2018 Intellectual Property, Patents 0Comment 768Views 0Like
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Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

  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…
October 24, 2018 Intellectual Property, Patents 0Comment 1012Views 0Like
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Case Review: Garaware v. Techfeb

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…
October 23, 2018 Intellectual Property, Patents 0Comment 526Views 0Like
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Garaware Vs Techfeb

  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…
October 23, 2018 Intellectual Property, Patents 0Comment 580Views 0Like
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Life of a Gene 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…
October 23, 2018 Intellectual Property, Patents 0Comment 846Views 0Like
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