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A quick glance at last week – Madras HC accepts a US District Court’s Letter Rogatory to furnish confidential information, a look at Functional Fallacies in Thomson Reuters vs Ross Intelligence and many more. We also have the initiation of our attempt to bring IP conversations to wider audiences through multilingual writing!
Softgel: The Errors of Comity The Madras High Court accepted a Letter Rogatory from The US District Court in Delaware directing India-based Softgel Healthcare to furnish confidential information to the US Court. The defendants argued that the plaintiffs were engaging in a fishing and roving inquiry into confidential business information.
In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patentapplications are rejected. Most asserted design patents are invalidated in litigation.
Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? GrayLeCozDuan ). estoppel.pdf ). AIAAmbiguities ).
Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? GrayLeCozDuan ). estoppel.pdf ). AIAAmbiguities ).
The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. The case was discussed on the blog here.
Also, the Government has recently made an Amendment to the Patent Rule i.e. Indian Patent (Amendment) Rules, 2024 which aims to rationalize the patentapplication process and reduce the burden of the compilation and accelerate actions. Trademarks and Registered Trademarks, Control of Corp Diseases, 2012.
see this latest post) , penned a potent piece in 2012— examining the controversial past and uncertain future of the Council of Scientific and Industrial Research (CSIR). From this, he went on to problematize the absurdity o f— if and how the Indian Patent Office lacks the ‘free access’ arrangements granted to foreign IP offices.
India- To register a patent and thereby enjoy protection against infringement in India, a product or a process must have an ‘inventive step’, should be capable of industrial application and should not fall within the categories that are explicitly defined as ‘not inventions’. The saga of Amazon’s one-click feature.
Among the changes created by the AIA, a new system was put into place for the submission of prior art to the Patent Office prior to patent issuance. Effective September 16, 2012, a third-party may submit prior art to the Patent Office. Larson and Larson has been using this process since its creation.
TKDL, more than once, has claimed to have thwarted European companies from securing a European patent for ancient Indian remedies, but these have been questioned, for instance, by the blogger who goes by the pseudonym, Tufty the Cat (a qualified U.K. And if so, why was it filed in the first then?
The Court also asserted the importance of both processes:- rigorous examinations for the focused evaluation against set legal standards so as to ensure only deserving applications receive patents; and the opposition process as a forum for external stakeholders to contribute to a more comprehensive evaluation of the patentapplication.
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