Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation. Hence, a well thought of change is the need of the hour.

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SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The petitioner approached the High Court against the decision of the Controller of Patents.

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Patently-O

AUGUST 29, 2022

In Patent Law class today, we started the chapter on “disclosure” that focuses on doctrines of enablement, written description, and best mode as codified in 35 U.S.C. CFMT’s two asserted patents claimed improved apparatus/method for cleaning semiconductor wafers using a specific closed-environment setup. CFMT, Inc.

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SpicyIP

MARCH 21, 2024

The Department for Promotion of Industry and Internal Trade (DPIIT), under which the Patent Office functions, has published for consultation a set of proposed amendments to the Patent Rules, 2003. Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office.

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Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Conceiving the Invention. The inventor should collect as much information as possible about his invention. The inventor should think about the field of his invention, the advantages of such an invention and if that invention can improve already existing solutions. Patent Search & Drafting.

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SpicyIP

AUGUST 1, 2021

A significant portion of the suggested reforms to the Patents Act is dedicated to recommendations on loosening the procedural norms of patent filing and patent examination. The Report recommends the shortening of this time frame to reduce delays that occur in the process of examining and granting patents.

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Reporting Patent Law Patent Application Patent 136

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. To be specific, any aspect of the invention not covered in the claims isn’t considered to be protected.

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Intepat

JUNE 18, 2024

In the National Phase of the PCT Application there is no option for the applicant to automatically avail the examination of the Application. The Patent Application will only be examined only when the applicant or any other interested person makes a request for such an examination. But the catch is here.

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Patently-O

MAY 23, 2024

Patent Application No. Under the pre-AIA first-to-invent patent system, if two parties claimed the same invention in separate patent applications or patents, the USPTO could declare an interference proceeding to determine which party was the first to invent and thus entitled to the patent.

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IP and Legal Filings

MARCH 27, 2024

of violating their patents related to the development of “enhanced internal combustion engine technology”. Utilizing the invention or technology outlined in the patents owned by the plaintiffs; and 2.The The idea of presuming the validity of a patent. Motor Company Ltd.) In order to deter the defendants from: 1.Utilizing

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Invention Patent Patent Infringement Technology 69

Patently-O

FEBRUARY 10, 2022

The appeal focuses on whether the design patent should be found invalid based upon Junker’s pre-filing sales. Here is the timeline: 1998 : Junker entered into an NDA with Eddings and disclosed the invention in some general form. The parties agree that the products described in the letter embody the design that was later patented.

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SpicyIP

MARCH 29, 2024

Third, patentability of a method of agriculture- the issue of Section 3(h). The Factual Matrix Mitsui Chemicals (Appellant) filed a patent application in India through the PCT route in 2009. The application claimed priority from a Japanese application and the PCT claims was directed towards- “1. Let’s dive in.

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LexBlog IP

SEPTEMBER 20, 2023

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public.

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Patently-O

MAY 2, 2022

The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. 126 (1877) (delay excused by “bona fide effort to bring his invention to perfection, or to ascertain whether it will answer the purpose intended”). ” Pfaff v. Wells Elecs.,

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U.S. Department of Commerce

MAY 27, 2021

Below are a few leaders who, through their innovation, creativity, and entrepreneurship, have made a significant contribution to the Commerce Department’s mission to drive business expansion and economic growth and accelerate American leadership in research, invention, and innovation. More details. Access to light during the night affects 2.6

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Patently-O

APRIL 10, 2022

The normal rule of claim construction is that claim terms should be given “the meaning that the term[s] would have to a person of ordinary skill in the art in question at the time of the invention, i.e., as of the effective filing date of the patent application.” ” Phillips v. 3d 1303 (Fed. 2005)(en banc).

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IP and Legal Filings

DECEMBER 22, 2021

Therefore, translations should always be done by professionals who understand the technology and can translate a document in a manner that is accurate and representative of the invention and claimed subject matter in context. With the Patent Translation, it’s more than just a Google Translation. Also in 35 U.S.C.

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Patent Contracts Patent Application Invention 81

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

After the jury trial in March, 2021, the jury found unanimously that Apple infringed at least one of the claims 13, 14, 15, or 16 of the ’091 Patent. In its fact findings, the court noted that PMC and its inventors prosecuted their patent applications “serially.” However, the notice of abandonment was withdrawn by the PTO.

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SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. This comes in the backdrop of Section 83 of the Patents Act, 1970 which provides the general principles applicable to the working of patented inventions.

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SpicyIP

NOVEMBER 9, 2023

Interestingly, the first patent for Sirturo was filed on 18/07/2003 ( PCT/EP2003/050322 ), meaning it is (more than) 20 years since their first filing. And earlier this year, the Indian patent office rejected their attempt to file a secondary patent on the drug. Conclusion As per this WHO report (PDF – p.29)

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More Than Your Mark

NOVEMBER 30, 2018

The USPTO routinely grants utility patents to cannabis and cannabis-related inventions, and has done so for decades. Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.” In short, a substance’s Schedule I classification is irrelevant to its patentability.

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IIPRD

OCTOBER 17, 2022

There are no precedents through which trademark issues could be discussed, but an online platform named Second life appeared in 2003 was a pioneer of metaverse technology and its fast development brought numerous intellectual property issues. With the growing number of patent applications, the risk is also increasing.

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SpicyIP

NOVEMBER 1, 2022

Image with text reading “Keep Calm and Expect Delays” Last week, the Delhi High Court pronounced a decision rebuking a patent applicant for causing unnecessary delays in the patent application process by seeking repeated adjournments and not filing written submissions on time. In the case of FMC Corporation v.

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The IPKat

AUGUST 16, 2021

Analysing this decision, first of all, the question arises as to how it was possible to register this patent? The subject matter of the patented invention must be new at the time of filing a patent application. That patent was canceled by the decision of the Chamber for Patent Disputes.

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Patent Troll Marketing Marketing Patent 84

SpicyIP

DECEMBER 27, 2021

Therefore, by granting the interim injunction in the present matter on the above rationale, the court has raised the bar for the defendants planning to resort to the plea of invalidity to oppose application of interim injunction, in future litigations. . The Drug and the patent. Background .

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Patent Art Patent Prosecution Litigation 105

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection.

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SpicyIP

SEPTEMBER 15, 2023

Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a fresh set of amendments which, if accepted, can change the Indian Patent landscape substantially. Ram Manohar Lohiya National Law University, Lucknow. Varsha is a 5th year law student pursuing B.

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Patently-O

AUGUST 30, 2021

On appeal though, the Federal Circuit flipped the verdict — holding that “ no reasonable jury could find the ’190 patent’s written description sufficiently demonstrates that the inventors possessed the full scope of the claimed invention.” 35 U.S.C. § Provisional App: 52334_60383872 ].

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SpicyIP

AUGUST 14, 2023

Other Posts Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court The DHC ruled that timelines for filing national phase applications cannot be extended, in light of India’s reservation to the PCT Regulations on this.

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SpicyIP

MAY 15, 2023

1 applied for the registration of “MGalin” in 2018 with false user data of 7th January 2003, to which the respondent failed to adduce any evidence to rebut the assertion. 2 filed for a stay of impugned judgement and decree, which restrains them from using a registered Patent and copyright of Plaintiff/Respondent No.1.

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Barry Sookman

MAY 4, 2020

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions.

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