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Patent Prior Art Search

Biswajit Sarkar Copyright Blog

What is a prior-art search? Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Prior art search determines the merits of patent applications. and Klebsiella sp.,

Art 52
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Prior Art

Biswajit Sarkar Copyright Blog

Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. In order to prove novelty, it must be proved that no other document in the world has any prior claim relating to the subject matter of the invention. a) Prior Publication [Section 29(1), the Act].

Art 52
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Understanding IPO’s Rejection of UPL’s Patent Application for Mancozeb and Ortho Silicic Acid Combination in Light of the Patent Bargain and Sufficiency of Disclosure

SpicyIP

The essence of the patent regime lies in, the ‘patent bargain’ – inventors are granted a monopoly over their invention for a fixed term of 20 years in exchange for a complete disclosure. Under Section 10(4), an applicant is supposed to disclose the best method of performing the invention in the complete specification.

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Embio Ltd. v. Malladi Drugs: Madras High Court Clarifies the Extent of Burden of Proof in Matters concerning Patent Revocation

SpicyIP

While the Court’s analysis touched upon multiple aspects of patentability and revocation, including ‘novelty,’ ‘inventive step,’ ‘non-obviousness’ and ‘person interested,’ the most significant point was related to the burden of proof in matters concerning patent revocation petitions. Thus, all three elements of ‘inventive step’ under s.

Invention 105
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Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute

Patently-O

The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis. Must the comparison prior art be the “same article” as claimed?

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Prior Art: The Patent Pitfall

Larson & Larson

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents.

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Understanding The Patent Specification Of An Invention

Intepat

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. Complete Specification.