Selvam & Selvam Blog

AUGUST 28, 2023

The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. Background: Syngenta Limited filed an original patent application in 2005, detailing an invention concerning agrochemical concentrates.

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Patently-O

MARCH 7, 2023

Going forward, a patentee might avoid this particular problem with some patent attorney tricks. patents assert priority to at least one prior patent application filing. In addition to the formal paperwork, the original application must sufficiently disclose the invention as claimed in the later patent.

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Invention Patent Application Patent Art 116

LexBlog IP

APRIL 20, 2023

Last month the Federal Circuit affirmed a PTAB inter partes review (IPR) decision finding that the University of Minnesota’s patent claim directed to the anti-cancer drug sofosbuvir was not adequately supported by the written description in the applications to which it claimed priority. Gilead Sciences , Inc.

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Patent Inventor Invention Art 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. can significantly complicate the coordination of a global patent strategy. PDF copy available.

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Patent Prosecution Invention Inventor Patent 75

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. They have also not specified which patents are covered by this.

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Patent Reporting Government Ownership 69

SpicyIP

JULY 5, 2021

In Rajeev Kumar vs Jamia Millia Islamia (12th April 2021), an extremely interesting tussle was seen with the copyright over a thesis being pitted against a person’s right to obtain information under the Right to Information Act, 2005. Examining application of Section 8(1)(d). What is this ‘intent’ anyway?

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Patent Application Invention Confidentiality Copyright Law 131

IIPRD

FEBRUARY 19, 2021

Recently, the office of Controller General of Patents, Designs & Trade Marks granted a patent to a ragi walnut soup mix prepared by the 52-year old woman, Shubhangi Patil. In her patent application, she claimed that her soup is free from preservatives and artificial additives. It should have an industrial application.

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IP Intelligence

MARCH 7, 2022

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i] application; and (d) “relevant and not related to unique aspects of foreign patent law.”

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Patent Law Invention Patent Application Art 52

The IPKat

FEBRUARY 8, 2022

Legal Background: The EPO's joint applicant approach Joint applicants The EPO's joint applicants approach finds legal basis in Article 118 EPC , in view of its interpretation by the Board of Appeal in T 1933/12. The cases cited in the referrals both stemmed from the PCT application WO 2005/110481 (P2).

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SpicyIP

MARCH 4, 2024

Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act In the context of Section 3(i), the DHC recently clarified that a ‘method of treatment’ is distinct from a ‘method of producing a substance’ that can later be used in the treatment.

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Invention Trademark IP Patent 59

Patently-O

APRIL 10, 2022

The decision offers solace to careful patent prosecutors that the courts should not unduly extrapolate upon arguments distinguishing the prior art. 2005)(en banc). the examiner accepted a distinguishing argument and issued the patent — leading to the case at hand. 6,219,730 stems from his invention of a “voice mouse.”

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Invention Art Litigation Patent 80

SpicyIP

AUGUST 22, 2022

This second part continues where that post left off, and brings us analysis on whether or not, for the purposes of maintaining a divisional application, there must be a plurality of inventions in the claims of the parent application. When can/not a Patent Application be Divided? Part II: Claims & Pluralities.

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Patent Application Invention Patent Reporting 119

Patently-O

NOVEMBER 17, 2022

The chart below highlights an important trend in patenting: increased joint-inventorship where the inventors reside in different countries. The top (blue-circle) series looks generally at cross-border joint-inventing while the lower (orange-square) series reports a subset where at least one of the inventors has a US residence.

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Invention Inventor Patent Application Reporting 73

The IPKat

OCTOBER 24, 2022

The Patent Gods aren not always benevolent forces, however. The case raises the importance for patent attorneys and litigators alike - it is good to be armed with a suite of narrower dependent claims in prosecution or conditional amendment in litigation. There are two main embodiments in the Patent. Here is what happened.

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Invention Patent Litigation Patent Application 40

LexBlog IP

SEPTEMBER 17, 2021

If you thought so, you would be wrong. In one of the highest profile trade secret case since Waymo v. As the U.S. Court of Appeals for the Sixth Circuit explained in Stratienko v. Cordis Corp., 3d 592, 600-601 (6th Cir.

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Confidentiality Invention Technology Patent Application 52

SpicyIP

APRIL 21, 2022

A recent order by the Delhi High Court in the case of Agriboard International Llc vs Deputy Controller Of Patents brought up the very relevant issue of the requirement of the Patent office to issue “speaking orders” while rejecting a patent application. Apparently so, indicates a Bombay High Court order!

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The IPKat

JULY 17, 2023

The Board of Appeal decision in T 450/20 is in line with the trend, finding that the description of a patent could not be mined for a definition limiting the meaning of the claims. Furthermore, in an easy to miss but critical passage, the Board also ruled out any role for the description of the patent application in claim interpretation.

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Patent Application Art Patent Invention 92

SpicyIP

NOVEMBER 13, 2023

Highlights of the Week India Accelerates in the Patent Race: But Is There a Pot of Gold at the End of the Rainbow? Image from here The World IP Indicator 2023 highlights India’s progress in the global patent race. Johnson & Johnson’s “Non-Enforcement” of Bedaquiline Patents: What has Actually been Gained?

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Patently-O

NOVEMBER 6, 2023

Part of the issue here is that most Federal Circuit judges have construed thousands of patents and are deeply immersed in the law of claim construction — while most district court judges see claim construction as a small part of a patent case, which itself is a small part of their overall docket. Patent Nos. 3d 1303 (Fed.

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Patent Application Patent Prosecution Patent Inventor 67

Dragons' Den

JANUARY 12, 2023

It's hard to believe that Dragons’ Den has been around since 2005. Their patented bed extender PillowShelf intended to sell the dream of a decent night’s sleep to tall people. This instantly caught the attention of 6ft 7 Peter Jones who showered their patented product with praise, calling it ‘genius’. Kiss the pug for luck!

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Business Invention IP Intellectual Property 52

IP and Legal Filings

JANUARY 30, 2023

Image Sources : Shutterstock] The Sensorama Machine, invented by Morton Heilig in 1962, created a simulation of riding a motorcycle where the user could experience the vibrations of the bike, sounds, and scents associated with the ride while immersed in a 3D video environment. because it is not possible to patent the Metaverse as a whole.

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Intellectual Property Non-Fungible Tokens Trademark Copyright 91

SpicyIP

MAY 15, 2023

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Inviting Applications for the SpicyIP Doctoral Fellowship! Case: Sun Pharma Laboratories Ltd vs Cian Healthcare Ltd & Anr.

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SpicyIP

JUNE 13, 2022

In India, algorithms are excluded from patent protection and being mere ideas, do not qualify for copyright protection either. This is line with the requirements under the Right to Information Act, 2005 which requires the State to act transparently. They may, however, still be commercially valuable and are often held as trade secrets.

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Confidentiality Technology Government Ownership 129