Tag: patentability

Relevancy Of Knock-Out Search In Trademark

Introduction Conducting a trademark search before registration helps in the elimination of conflicts and informs us whether our mark is set for registration or is it infringing upon any other’s mark. Usually, we can see after trademark application, trademark offices reject the marks that are similar either because of the word, design, sign, or symbol … Continue reading Relevancy Of Knock-Out Search In Trademark

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Patentability Of Immunology Related Inventions – An Indian Perspective

This article discusses challenges faced by patent applicants for inventions in the field of Immunology, especially those relating to gene sequences, peptides, antibodies, and method of treatment; relevant provisions of the Indian Patents laws and strategies one may employ to improve the chances of overcoming the objections. INTRODUCTION As our understanding of the internal and … Continue reading Patentability Of Immunology Related Inventions – An Indian Perspective

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Patentability of Genes, Gene Sequencing & DNA based Primers

Patents have been granted in various biotechnology fields such as genetically engineered plants, human genetic sequencing, recombinant DNA molecule, diagnostic kits, stem cells, isolated nucleic acid encoding a gene and DNA related inventions such as preparing vectors, primers etc, but it was not the same before genetically engineered microorganism was granted a patent first. The … Continue reading Patentability of Genes, Gene Sequencing & DNA based Primers

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NPDC Supplementary Details

Patents are a major area of business proficiency nowadays and recently in India too, it has become as important as marketing, finance, corporate governance, and manufacturing economics. India’s growing R&D operations have taken a beating due to lack of in-house professionals to file patents applications. Even then, the numbers clearly indicate that there is a … Continue reading NPDC Supplementary Details

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Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications

The Indian Patent Office (IPO) has recently issued another set of guidelines, this time on examination of biotechnology applications. Our earlier write-up on a set of guidelines issued by IPO, for examination of applications relating to traditional knowledge. The guidelines explain in detail, with illustrative examples, on various facets of patentability of biotechnology related inventions, … Continue reading Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications

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Indian Patent Office (IPO) publishes guidelines for Indian patent applications relating to plant (herbal) compositions

The Controller General of Patents has issued guidelines for processing of patent applications relating to Traditional Knowledge (TK) and biological materials on November 08, 2012. The guidelines have been issued in lieu of the fact that a number of the Indian Patent Applications relating to herbal (plant) compositions/extracts/alkaloids (and other biological resources from India) are … Continue reading Indian Patent Office (IPO) publishes guidelines for Indian patent applications relating to plant (herbal) compositions

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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 … Continue reading Inherent Anticipation: In re Montgomery

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