To our readers who are taking the exam today, Good luck!!The total number of candidates taking the exam this time are 1819. (584(M)+63(K)+698(D)+ 474(C)). Image from: http://www.mylot.com/w/image/1263594.asp
Good luck for the patent agent’s examination!! Read More »
The Controller’s Office provided 115 decisions on its website decided between 1/1/2010 and 31/12/2010. A large number of these decisions were not linked to the relevant file and therefore could not be accessed. The list mentions nine post grant opposition proceedings, 15 pre-grant opposition proceedings, 71 proceedings under section (u/s) 15 (office actions), four proceedings u/s 14, one u/s 25, one u/s 60 and six u/s 77.Out of the nine post-grant opposition proceedings, there were five cases where no file
2010-at-the-IPO-An analysis of the controller’s decisions Read More »
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Seasons greetings!! Read More »
A recent decision by the Controller highlights the use (or rather misuse) of post grant opposition proceedings at the IPO. In Pfizer Health vs. Ranbaxy Labs. Ltd., the Controller had initially dismissed pre-grant opposition proceedings brought in by Ranbaxy after providing an opportunity and granted the patent. Subsequently, Ranbaxy filed a post-grant opposition (against Indian patent number 211539) with a written statement and evidence – within the prescribed time limits. The patentee then filed reply statement and evidence. Ranbaxy neither filed reply
Misuse of post-grant opposition proceedings Read More »
Shamnad had recently discussed the presentation of the report of the standing committee to both houses of the Parliament on the Indian version of the Bayh Dole Act. Recent case law in the U.S. suggests that the clause 20 of “The protection and utilization of public funded intellectual property bill, 2008”, hereafter “The bill,” may need “more teeth” for effective implementation. The teeth may either come in the form of a direct clause or in the rules. The case of interest here is St.
Strengthening the Indian Bayh Dole bill: A provision for recovery in case of fraud? Read More »
In Research Corp. v. Microsoft, the CAFC discussed the application of 35 U.S.C. § 101 to claims pertaining to abstract ideas, including digital image formats and half-toning. Halftoning is a graphic technique that mimics continuous tone imagery through the use of dots, varying in size, shape or spacing. Halftoning techniques allow computers to present many shades and color tones with a limited number of pixel colors. Research Corporation Technologies (RCT) owns six (6) patents for digital image halftoning, two of which (5,111,310 & 5,341,228) were invalidated by a
India’s Department of IT (DIT) recently finalized its policy on open standards for e-Governance. A write-up about a draft version of the policy and related discussion can be read here. The final version of the policy adopts a single and Royalty-Free (RF) Open Standard. The standard can be retrieved from: http://egovstandards.gov.in/ In our discussion of the draft policy, we had focussed on two key provisions of the draft policy as being of interest to patent practitioners-(i) whether the standard would be
Policy on open standards for e-governance released Read More »
In Dupont v Solvay, the Intellectual Property Appellate Board (IPAB) ruled that certain amendments to the specification as proposed by the patentee were acceptable. In this case, the Controller had made a positive recommendation (acceptable) regarding additional material, which the Board took into account while deciding the petition. Brief facts: An application for Patent was filed on 12.11.1996 by the petitioner (DuPont) for a patent for an invention relating to a “fire extinguishing composition.” The application was granted patent No.
Post grant amendments under the Indian Patent Act Read More »
In a previous post, we had written about the release of a revised draft revised patent manual (hereafter ‘draft manual’) at the IPO. This post will discuss how one preparing for the patent agent exam by using the draft manual. The draft manual discusses the application of patent law in the four patent offices and states that it has been compiled with an intention to codify the practices and procedures being followed in the Indian Patent Office. The draft manual
Preparing for the patent agent exam Read More »
The Indian Patent Office (IPO) recently released a draft Manual of Patent Practice and Procedure (MPPP). The draft manual can be seen here. The MPPP is a codification of the general rules as applicable to the IPO. The Manual is divided into 21 chapters and 3 schedules which represent areas subject to regulation by the IPO. The Manual provides to the Applicants and the Examiner alike, an easy read of the procedure at the patent office. As compared to the
Breaking news: IPO releases revised manual of patent practice & procedure Read More »
