One Day Symposium On Advanced Patent Issues Related To Software, Electronics, Telecommunication Business Methods & Network Computing With Focus on US, EP, and Indian Scenario – Being Held in Mumbai and Delhi

IIPRD (Institute of Intellectual Property Research & Development) is happy to announce its International Symposium on Advanced Software, Electronics, and Business Method Patent issues. Presentation of all important Patent Issues relating to Prosecution and Enforcement Strategies, Identification of potential inventions, Types of claims allowed in each geography, and their relevance to the broadness of claims, Preparation of set of claims, including an experience sharing session on Drafting of Patent Applications, and Patent Prosecution can be expected from the speakers. International symposium will be held at Mumbai on 4th Oct’ 2012 at Hilton Hotel and at Delhi on 5th Oct’ 2011 at Hotel Claridges. IIPRD is organizing the International... Read More

Three Day International Symposium On Strategies for Managing Pharmaceutical, Biotechnology & Chemical Patent Portfolios

IIPRD (Institute of Intellectual Property Research & Development) is happy to announce its International Symposium on Strategies for Managing Pharmaceutical, Biotechnology & Chemical Patent Portfolios. Presentation of all important patent issues such as identification of potential inventions, Biosimilar Legislation, preparation of claim sets, prosecution and examination practices, drafting of responses of Office Actions, ANDA Litigation, and recent case law updates can be expected at the symposium. The three day international symposium will be held at Hotel Hilton, Mumbai from 16th - 18th Sept’ 2012. IIPRD is organizing the international symposium with the help of international law firms Sughrue Mion PLLC, USA, Hoffman... Read More

Spice Mobiles Ltd. and M/s. Samsung India Electronics Pvt. Ltd. Vs Shri Somasundaram Ramkumar Revocation Proceeding for IN 214388

In a major decision, the Intellectual Property Appellate Board (IPAB) on 1st June 2012 has revoked a patent IN214388 under section 57, 59 and 64(1)(e)(f) of Indian Patent Act, 1970. In this article, we would discuss certain aspects related to outcome of decision and some arguments put forth by the respondent during the trail. The country’s top patent tribunal, IPAB, has ruled in favor of revoking a patent issued to SHRI. SOMASUNDARAM RAMKUMAR which relates to a Mobile Telephone with a plurality of Simcards allocated to different communication networks marking a victory for the Spice Mobiles Ltd and M/s. Samsung... Read More

Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?

This article relates to a recent judgement of IPAB on 12’th July 2012 on revocation of an Indian Patent IN 195937, wherein certain interesting aspects relating to developing standards for revocation under Section 8 of the Indian Patent Act, 1970 have been discussed and put forth, quite strongly!! Case Summary: In summary, the case relates to IN 195937, which corresponds to Application No. 709/MUM/2002, of Hindustan Unilever Limited (HUL) issued on 26’th Aug 2005. First independent claim of the present subject matter relates to a filter cartridge and claims: 1. A filter cartridge for the treatment of water which comprises... Read More

India simplifies Process of filing PCT National Phase Applications

In a promising move by the Indian Patent Office (IPO), the Controller General of Patents, Designs and Trademarks (CGPDT) has issued new instructions for filing PCT National Phase Applications in India. The public notice was issued on July 02, 2012 and is in force since July 06, 2012. The copy of the notice can be accessed here. There are two major points highlighted in the notice. One is the elimination of the need to file the PCT Application and related documents which are already notified/ published with the WIPO. The other is the clarification provided that no amendment of the PCT... Read More

Ayur- Generic Term or not?

India is the home to the science of Ayurveda. Recently, the question whether ‘Ayur’ could be monopolized as a trademark was sought to be answered in an order passed by the Intellectual Property Appellate Board. Alex Hotels and Resorts, Bangalore have been using the mark ‘Ayurtheeram’ since 01/06/2005 and were granted registration for the said mark under Application no. 1384396 in the Indian Trade Marks Registry. Three-N-Products (P) Ltd., was granted registration of the mark ‘Ayur’ for their products which mainly consisted of hair,skin and face care  products. Their brand ‘Ayur’ was in business since 1984 and had manufactured almost... Read More

Inherent Anticipation: In re Montgomery

The Federal Circuit in this case addressed the issue of anticipation by inherency in the context of method of treatment claims. The panel affirmed that a claim to ‘a new use for a known compound’ was inherently anticipated by a reference which disclosed a plan for a proposed clinical trial that had not been carried out and the results of the trial were not obtained until after the effective filing date (priority date) of the Montgomery’s patent application. Before discussing this case in particular, let us first see what inherent anticipation is. It is well-known that a prior art reference... Read More

Let’s Google it !

David Elliot, from Arizona, owned 750 websites with domains like ‘googlegaycruises.com’ and ‘googledonaldtrump.com’ among many others.  His argument was that he needed to use the word ‘google’ because he was developing an internet based business that will promote charity, commerce, community, relationships, personal health etc. He further stated that he did not register the domain names in the hope of attracting internet users who are seeking to avail the company Google’s specific search engine service. In fact, the users who wanted to search for a topic, typed the word ‘google’ and came across Elliot’s websites. He had even spelt the... Read More