The major changes proposed in Draft Patent (Amendment) Rules 2011
The Indian Patent Office released draft amendment to the Patent Rules on March 8, 2011. The Draft amendment is directed to rules 6, 9, 14, 15(3) and the First schedule of the Patent Rules and mainly relates to e-filing of patent applications and related forms. Any interested person was entitled to send comments and suggestions … Continue reading The major changes proposed in Draft Patent (Amendment) Rules 2011
Read more »Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others
The present case had been filed by plaintiff (Pine Labs Pvt. Ltd) against defenders (Gemalto Terminals Pvt. Ltd & others) for a decree of declaration, perpetual injunction and rendition of accounts. The suit was listed before High Court of Delhi on 7th October, 2009. Injunction was granted by court restraining the defendants, their assigns, licensees, … Continue reading Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others
Read more »INDIAN GRANTED PATENTS…ENFORCEABLE?
The Indian Patent Act, 2005, like for most other geographies, does accord to and follow the disclosure guidelines put forth by the TRIPS and has similar Patentability grounds, especially for non-Pharmaceutical subject matters, in which the contention over 3(d) leads to a different interpretation over efficacy grounds. Furthermore, special provisions such as those provided under … Continue reading INDIAN GRANTED PATENTS…ENFORCEABLE?
Read more »Anti Cancer drug: Making it Patient-driven, not Disease-driven
Introduction: French compatriots Ipsen and bioMérieux, have been few most potential companies, since 2007 in the development of companion assay to assess patient benefit from a compound useful for treating several severe forms of cancers.Partnership between two companies has focused on the two main broad areas of pharma research: Personalized medicine and Theronostics. Personalized medicine … Continue reading Anti Cancer drug: Making it Patient-driven, not Disease-driven
Read more »Microsoft Corp V/s TiVo, Inc
The present case relates to an infringement petition filed by Microsoft Corp against TiVo, Inc. in California Northern District Court, for infringing its two patents, Patent No. US 6,008,803, (‘803) and Patent No. 6,055,314, (‘314). The case was filed on January 19, 2010. The case is still waiting for its decision and its next hearing … Continue reading Microsoft Corp V/s TiVo, Inc
Read more »Soy Meal a “Dead Material”- No Functional DNA
A Patent Infringement suit was filed by Monsanto Technology LLC against Cefetra, Vopak Agencies and Alfred C. Toepfer International GmbH, for exporting soy meal from Argentina to European Community. The judgement was carried out by the court of justice of European Communities “Grand Chamber”. Preliminary ruling under Article 234 EC from the Rechtbank’s’Gravenhage (Netherlands). Introduction: … Continue reading Soy Meal a “Dead Material”- No Functional DNA
Read more »“Clear and Convincing Evidence”
Case “Microsoft Vs i4i” interests me as I saw the recent Supreme Court decision to hear this case again. Long story in short, i4i filed a patent in 1994 and gets granted on 07/98 (US 5,787,449). ‘449 relates to a system and method for the separate manipulation of the architecture and content of a document, … Continue reading “Clear and Convincing Evidence”
Read more »Claim Construction – Interpretation to Determine Obviousness
The present case relates to reexamination (Reexamination No. 90/008,482) of US Patent No. 5, 236, 503, referred to as ‘503 hereinafter. The concerned Applicant GLATT AIR TECHNIQUES, INC. (referred to as Glatt hereinafter) appealed against the order of the Board of Patent Appeals and Interferences, which was decided on 5’th Jan 2011. As an introduction, … Continue reading Claim Construction – Interpretation to Determine Obviousness
Read more »Sun Pharmaceuticals v. Eli Lilly: Doctrine of Obviousness-Type Double Patenting
A remarkable latest change in the Patentability has risen from the decision of the Federal Circuit in the case Sun Pharmaceuticals v. Eli Lilly, over the later’s patent that claimed the use of gemcitabine (GEMZAR), a drug to treat cancer. Sun Pharma moved to lower court to invalidate this patent on the grounds of obviousness-type … Continue reading Sun Pharmaceuticals v. Eli Lilly: Doctrine of Obviousness-Type Double Patenting
Read more »International Patent Protection in Electronics & It (Sip-Eit) Scheme by Dit
It is enriching to hear and read so much of focus going these days into Innovation at Grass Root and Startup level. With initiatives being taken at all levels by Stakeholders including FICCI, MSME, DIT, and NASSCOM, the next wave of the so called Start-up innovation can really be envisioned. As has correctly been stated … Continue reading International Patent Protection in Electronics & It (Sip-Eit) Scheme by Dit
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