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…
This article relates to a recent judgment of IPAB on 12’th July 2012 on the 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,…
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,…
India is the home to the science of Ayurveda. Recently, the question of 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,…
The Federal Circuit in this case addressed the issue of anticipation by inherency in the context of the method of treatment claims. The panel affirmed that a claim to ‘a new use for a known compound’ was inherently anticipated by…
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,…
There are often cases that we undertake for representation, wherein the cases relate to enforcement of trademarks by/of mid-sized foreign corporations that have not been filed and/or used in India against Indian companies that have deceptively used their marks thereby…
Is using and/or commercializing a registered Trade Mark really necessary in India or is simply sitting over it and renewing the same periodically enough to maintain the mark and gain from the protection it accords. Poorva Khandekar, an intern at…
With the recent developments in the Copyright Act and with the Rajya Sabha very recently passing the proposed amendments in the Copyright Act, 1957, we thought of aggregating the major issues with the current version of the Act and the…
We would discuss hereinbelow the various scenarios when the patentee can seek amendment of the specification and claims of his patent. Further, this Article would examine as to when and when not the patent amendment should be allowed during the…