Beginnings of a Bionic Man

Avanthi

Beginnings of a Bionic Man

Science is reinventing the human body. Scientists are growing novel technologies that are not foreseen or anticipated by the nature. I believe it is the appropriate time to talk about the Prosthetic technology.

Bionics & Prosthetics explore the interplay between biology and design.

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Licensing Of Patents: An Indian Perspective

Licensing Of Patents: An Indian Perspective

Patents are monopoly rights and intangible by nature. Section 48 of the Indian patents act, 1970 deals exclusively with the rights of patentees which prevents the third parties, who do not have the consent of the patentee, from the act of making, using, offering for sale, selling or importing for those purposes the patented product in India.

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ELISA for diagnosis of Crohn’s disease: Serological detection of IL-23 Receptor variants

ELISA for diagnosis of Crohn’s disease: Serological detection of IL-23 Receptor variants

Interleukins are cytokines that act as immunomodulatory agents and are implicated in a variety of autoimmune inflammatory diseases. Interleukin-23 (IL-23), considered to be involved in the differentiation of T helper type 17 cells, is a principal molecule in autoimmunity and is an important drug target molecule for the treatment of many auto immune inflammatory diseases.

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Classification of Claims

Classification of Claims

Earlier we had dealt with a broader classification of patent claims. It was largely based on dependency where Independent and dependent claims were dealt with. Various schools of thought have classified patent claims based on numerous criteria. The subject matter based classification had been introduced to study the ambit of improvisation and innovation through a meticulous analysis of the patent claims.

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Meet the Meat of Future

Avanthi

Meet the Meat of Future

Since decades, scientists and entrepreneurs have been trying to invent the imitation meat. The demand for meat is inflating and this demand can’t be reached only by using animals. Countless animals are being slaughtered every single day for consumption.

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Blockchain: A better step to future

Avanthi

Blockchain:  A better step to future

Over more than three decades of Internet development, it has brought an impact across the man-kind and has become the mode of communication. It is an empowering tool with more potential than any other human civilization has ever developed. Web is remaking our world and our lives. It has brought the beginning of new era called, VIRTUAL REVOLUTION.

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Nobel Prize winning patents?!…Er…not exactly!

Usharani

Nobel Prize winning patents?!…Er…not exactly!

Come October and the scientific community will be geared up for the announcement of Nobel Prizes. In the same vein or rather the other way around, is another event that scientists, especially those with a sense of humor, look forward to. It is the Ig Nobel Prize ceremony, which is a kind of spoof on Nobel Prizes.

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Understanding the Claims

Understanding the Claims

Claim construction is a premier step for securing an invention. They should be constructed with clarity and responsibility to minimize or avoid objections in the examination stage. The exclusive right granted to the patent can only be defined by the patent claims. The patent claims consume the maximum chunk of the time frame allocated for a complete specification.

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One Touch Home Brewing

Avanthi

One Touch Home Brewing

Everything is digitalized in the present world, so is the brewing process. Home Brewing machines are box full of technology inventions which attract the patent lovers to explore. Everything runs on the app, it discovers the recipes based on the individual’s taste and preference. It also monitors every phase on the smartphone from mashing stage to fermentation stage.

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Understanding the Invention – Specification

Understanding the Invention – Specification

An inventor is the best person to describe one’s disclosure. What matters is how well the disclosure is comprehendible by a person who wants to know and understand the invention in a simple way. A written description of an invention disclosure to explain the invention is needed. The description is to be simple, comprehendible, technical and within the legal framework.

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Choosing right “Logo” for Branding

Choosing right “Logo” for Branding

A Picture speaks a thousand words, but Logos do something more, they define the firm better than anything. It is a symbol created for the purpose of identification. These are simple to look at but have a deep hidden meaning in them. These Logos need a lot of creativity and imagination to design them.

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Freaky patents: For the lazy crazy

Freaky patents: For the lazy crazy

Prometheus brings you some freaky patents for the lazybones in continuation of our series on freaky patents. Do you have any ideas like these patented ideas?!?! Come to Prometheus to get them patented. One can never say which idea will be commercially successful.

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TESLA: World of Electric Cars

Avanthi

TESLA: World of Electric Cars

Tesla Motors is an American gigantic decade old automotive company that designs, manufactures, and sells luxury electric cars. According to the survey done by the American Nation in 2014, Tesla cars are the most appreciated vehicles of America. In the present world of electric cars, the Tesla competitors are BMW, Mercedes BENZ, Toyota, Nissan, GM and Volkswagen, even apple is said to build electric cars and release in 2019.

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EMOJI- Expressive Character

Avanthi

EMOJI- Expressive Character

In the present generation, the language of Emojis has become an easy and entertaining way to communicate with anyone. This fun to use Emojis was created in 1998 by Shigetaka Kurita, a former employee of Japanese Telecom company, NTT DoCoMo. He was working for the first mobile internet platform called “i-mode”.

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Pre Grant and Post Grant Opposition Procedure in India

Pre Grant and Post Grant Opposition Procedure in India

An invention with or without the knowledge of the inventor may be interfering with the already existing invention. There are certain administrative procedures to have a check and balance to prevent the privilege of an inventor being hijacked.

An opposition proceeding can be defined as an administrative procedure under the jurisdiction of the …

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Gene patents: First-of its-kind agreement in Canada for non-commercial public use

Usharani

Gene patents: First-of its-kind agreement in Canada for non-commercial public use

In a scenario where the Indian Government is in a hot seat over its so-called “private assurances” to the US authorities on not issuing any more compulsory licenses, the first-of-its-kind agreement between a Canadian Public Hospital and an American Biotechnology Company allowing “not-for-profit” fair use of gene patents benefitting the public is a welcome news.

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How do I Patent my Idea in India?

How do I Patent my Idea in India?

The journey of an inventor begins with an idea and is completed when it becomes an invention. Grooming an idea into an invention involves investing time, money and a gamut of emotions. It is the prerogative of the institution dealing with the grant of patents to ensure a smooth ride for an inventor in fortifying the credentials of the idea into an invention.

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Freaky Patents: Some seriously funny patents

prometheus

Freaky Patents: Some seriously funny patents

In our previous article we discussed about some freaky patents for the fashion freaks and now in this article we are discussing about some seriously funny patents. Do you have any ideas like these patented ideas?!?! Come to Prometheus to get them patented. One can never say which idea will be commercially successful.

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Chinese and Russian patents granted to Proa Medical, Inc. for Brella Vaginal Retractor

Chinese and Russian patents granted to Proa Medical, Inc. for Brella Vaginal Retractor

Proa Medical, Inc., has been granted patents in China and Russia for the company’s first product, the Brella Vaginal Retractor. Generally, the company is involved in development of pioneering and practical medical devices with respect to care-technology for women’s health. Earlier on June 9, 2015 Proa Medical was granted a United States patent covering the Brella Vaginal Retractor from the United States Patent and Trademark Office.

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Freaky patents: For the fashion freaks

Freaky patents:  For the fashion freaks

Patents are not all that serious business. Prometheus will bring out a series of articles on freaky patents for our blog readers. Having offbeat ideas like these patented ideas. Come to Prometheus to get them patented. One can never say which idea will be commercially successful.

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Indian Entrepreneurs and their Success

Indian Entrepreneurs and their Success

India had been maintaining a long tradition of entrepreneurship with great entrepreneurs emerging and being successful over more than 100 years who had made waves across the world having started with nothing to making an empire. They have provided motivation and direction for others to achieve goals. Their goals and achievements have demonstrated qualities to be a great teacher and the best leader that inspire and motivate us.

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Architectural Protection

Avanthi

Architectural Protection

Architectural engineers astonish us with their innovative skills by creating amazing designs. They not only create magnificent exterior/ interior designs but also develop buildings which could stand irrespective of wind, changing weather conditions, time. These architectural buildings become the nation’s valuable economic asset and are very easy to imitate which in turn reduce the value of the design.

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Digital Barcode patent granted to Applied BioCode, Inc. for identification of multiplexed biomarkers or pathogens

Digital Barcode patent granted to Applied BioCode, Inc. for identification of multiplexed biomarkers or pathogens

Applied BioCode announced on February 9th, 2016 the grant of US Patent 9255922 from United Stated Patent and Trademark Office. Briefly, the granted patent describes the material and method of a digital barcode, and the specialty of which being 1,000 times smaller than the conventional barcodes. The digital barcode is mainly employed for simultaneous identification of thousands of bacteria, viruses, pathogens, or biomarkers.

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Grant of two international patents to Integral Molecular, Inc. for key Lipoparticle Technology

Grant of two international patents to Integral Molecular, Inc. for key Lipoparticle Technology

On 11th of February 2016, Integral Molecular, Inc. announced the issuance of two key patents in Europe and the U.S, respectively. Integral Molecular, Inc. is a leader in membrane protein antibody discovery and the issuance of patents, EP166038 and US9213027, has further strengthened the company’s rapidly expanding patent portfolio for its Lipoparticle technology.

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Tattooing

Avanthi

Tattooing

Are you getting a Tattoo done? Looking for a design? Think before you copy a design for your tattoo, as Tattoos do have copyrights. Yes, you read it right! Copyright issues are present while dealing with Tattoos unless they are custom made exclusively for you by the artist. These custom made Tattoos of yours are the Intellectual Property of the artist.

According to the Law, “Copyright protects original works of authorship that are fixed in a tangible form of expression” and this also includes SKIN.

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Protect Me – Cartoon

Avanthi

Protect Me – Cartoon

Cartoons have always been an inspiration for kids. In India, one among the the most watched cartoon series is Chota Bheem, which is used on most of the products used by kids. Chota Bheem has been developed by GreenGold Animations Pvt Ltd. The other characters developed by GreenGold are Mighty Raju, Arjun, Luv Khush, Chorr Police, Krishna and Krishna Balram.

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Illumina files lawsuits in Europe against Ariosa and The Doctors Laboratory for NIPT patent infringement

Illumina files lawsuits in Europe against Ariosa and The Doctors Laboratory for NIPT patent infringement

Illumina, an American company announced on 7th January 2016 that it has filed two patent infringements lawsuits against five companies in Europe over their use of noninvasive prenatal tests. In the lawsuit, Illumina claims violation of its intellectual property protections.

Illumina’s profile: The American company was founded in April 1998 by David Walt, Larry Bock, John Stuelpnagel, Anthony Czarnik, and Mark Chee with the headquarters located in San Diego, California.

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The Magical Six Yards

The Magical Six Yards

The manhandling of a long piece of cloth draped over a royal lady lead to war in the age old epic Mahabharata. A long fabric made up of cotton, silk, crepe, nylon, chiffon and a whole lot of others; available in various colours when draped artistically in a set pattern is a saree.

The word saree (originated from Sanskrit word sati or sattika meaning a long piece of cloth) is pronounced in many ways all across South Asia where it is primarily used as attire.

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Four U.S patents in synthetic biology awarded to Gen 9

Four U.S patents in synthetic biology awarded to Gen 9

It was on January 7th 2016, that Gen9, an established company involved in DNA synthesis and assembly technology announced the issuance of four innovative U.S. patents in the ending of 2015. The patents are related to gene synthesis and synthetic biology technologies. It is quite understandable that the awarded patents have further added feathers of success to Gen9’s already extensive intellectual property portfolio encompassing more than 100 patents and with many patents pending.

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Trade Dress – An Indian Perspective

The concept of trade dress is in the development stage in India. Its meaning has now begun to expand, beyond the traditional forms of trade dress to the more nontraditional ones like cover design of a magazine, design of a door knob, appearance of a water meter or a lamp, design of a sports shoe, distinctive performing style of a rock music group, etc. As such, it comprises non­traditional trademarks based upon sound, texture, three­ dimensional shape, taste and smell and the following: color marks, sound marks, smell / scent / olfactory marks, shape marks, moving Image marks, holograms, gesture marks, taste marks / gustatory marks, feel marks / tactile marks, celebrity marks, digital marks. The statute, however, has yet to specifically recognize these forms.

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An innovative InFill spinal fusion patent for Pinnacle Spine Group

An innovative InFill spinal fusion patent for Pinnacle Spine Group

Pinnacle Spine Group received a patent entitled “Intervertebral Implants and Related Tools,” which is third in the series casing the company’s InFill fusion technology on 22nd December 2015. On an introductory note, Pinnacle Spine Group was established with the “goal of developing innovative medical devices, conceived in the operating room, for surgical procedures of the spine”.

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Two USPTO patents granted to AlloSource for innovations in cartilage repair

Two USPTO patents granted to AlloSource for innovations in cartilage repair

Two United States Patent and Trademark Office (USPTO) patents have been granted to AlloSource on Dec. 29th 2015 for cartilage repair allografts. AlloSource is one of the principal providers of cartilage, cellular, bone, skin and soft-tissue allografts, which are importantly employed in surgical procedures and for wound care to advance the process of healing in patients.

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Canadian patent granted to Orthocell for bioscaffolds

Canadian patent granted to Orthocell for bioscaffolds

A Canadian patent has been granted to Regenerative medicine company, Orthocell Limited for Canadian Patent Application No. 2685146 entitled “Tenocyte containing bioscaffolds and treatments using the same” and the announcement was made on 9th Dec. 2015, Perth, Australia. The patent granted covers the combination of bio-scaffolds and tenocytes, the cells that make up healthy tendons for tendon regeneration.

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Brief overview of medical patents awarded to New York Blood Center scientists for blood supply discoveries and advance vaccine therapies

Brief overview of medical patents awarded to New York Blood Center scientists for blood supply discoveries and advance vaccine therapies

Scientists including Lanying Du, Ph.D.; Francesca Curreli, Ph.D.; Beth Shaz, M.D.; Christopher D. Hillyer, M.D.; Asim K. Debnath, Ph.D.; Sara Lustigman, Ph.D. from the New York Blood Center (NYBC) have been honored with several new patents in 2014 / 15 for numerous projects that are intended to preserve the U.S. blood supply and advance vaccine therapies …

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Intellectual Property Rights: An Outline

Intellectual Property Rights: An Outline

Property emanates from the concept of ownership and possession. It is important as it has a great value. Property is also referred to as a bundle of legal rights but does not have any specific definition. Many versions are there from scientists, lawyers, philosophers, academicians etc for defining the term.

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Will the Modi Government succeed in its attempt to establish the much needed Commercial Courts?

Will the Modi Government succeed in its attempt to establish the much needed Commercial Courts?

The Need for Commercial Courts

The concept of commercial courts – a dedicated fora aimed at resolving complex commercial disputes between parties – is an idea that has merit in its own right. This can be seen from the fact that around the world, many nations have adopted commercial courts as a means to ensure speedy delivery of justice in commercial cases.

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Invention and history of disposable paper cup

Avanthi

Invention and history of disposable paper cup

Imagine a world where we had to share our cup with others in public, like, at office, theatre. This was exactly the thought of a man named Lawrence Luellen, a boston lawyer and inventor. In the beginning of 20th century, people drinking water from a fountain, barrel, or well, passed around a cup of metal, wood, or ceramic. Luellen, one among them, was bothered about the health hazards resulting from the usage of common cup by everyone.

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INVENTION OF ESPRESSO- From Steam machine to motor pump

Avanthi

INVENTION OF ESPRESSO- From Steam machine to motor pump

Coffee is the most popular beverage consumed around the world. It was discovered in Ethiopia in the 11th century and spread to the other countries eventually. Though it was high at its popularity in the 19th century, the brewing of coffee was however a very time consuming process.

Subsequently, it was Pier Teresio Arduino who had found a method for brewing which did not depend on steam. He was a smart businessman…

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An USPTO patent granted to Mesoblast Limited for the treatment of heart diseases, stroke and other vascular conditions

An USPTO patent granted to Mesoblast Limited for the treatment of heart diseases, stroke and other vascular conditions

United States Patent and Trademark Office (USPTO) has granted a key patent to Mesoblast Limited (ASX:MSB) (USOTC:MBLTY) casing employment of the Company’s proprietary adult Mesenchymal Precursor Cells (MPCs) for the formation and repair of blood vessels in ischemic tissues. The announcement about the recent patent grant was made on Oct. 27th 2015.

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Google’s new patent application covers technology for use in the field of Optogenetics

Usharani

Google’s new patent application covers technology for use in the field of Optogenetics

Google has filed a patent application with USPTO for microelectrode arrays that have applications in the field of Optogenetics. Optogenetics combines the use of optics and genetics to control and monitor well-defined events within living cells. It involves the use of light to stimulate light responsive proteins that are expressed in specific cells. Optogenetics was hailed as the “method of the year” …

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Patents for Academic and Research Institutes

prometheus

Patents for Academic and Research Institutes

Patent filing by research institutes promotes their research works actively to the public domain. Since the patents can be licensed, it is therefore possible to derive financial value from them for conducting further researches. As the innovations evolving from institutes come out of strong fundamental knowledge, it is highly recommended to secure the same.

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Intellectual Property for Startups

Intellectual Property for Startups

The most important entry that a startup needs to add to its to-do list is “File Patents”. Patents are very important for individual inventors and startups, since they play a key role when it comes to aiming at a large recognition in initial stages.

In another perspective, patent is also an additional tool in order to set up a business based around the invention…

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Patent Illustrators at Prometheus

Patent Illustrators at Prometheus

A Patent drawing should be able to disclose the invention unambiguously. Not all inventors are good illustrators, so it’s necessary to hire an illustrator for the Patent drawings who have an expertise. A Good Illustrator is as much required as a well depicted drawing for a Patent Application.

Prometheus is benefited with a team of illustrators who have an expertise over the years.

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Patent Drawings: It’s importance

Patent Drawings: It’s importance

Patent Drawings are the easiest visual form of understanding an invention. These help in knowing the invention in detail. These are further classified as; Design and Utility.

A Design patent exclusively protects the appearance of the product but not the functionality of it, while…

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Human genes are not ‘patentable invention’: verdict by Australia’s top court on BRCA1 gene patent

IP-australia“Can the genes be patented or not has been pondered since the commencement of the Human Genome Project. Numerous questions about whether discovery of a gene is sufficient to claim an invention and whether gene patents promote or asphyxiate research and the clinical use of genomics have been lifted up since then. In a landmark decision in June 2013, the Supreme Court determined that DNA in its natural form cannot be patented”.

The current snippet on BRCA1 gene patent:
The High Court of Australia on 7th October, 2015 collectively invalidated the patent claims of the American biotech firm, Myriad Genetics, Inc. over a gene coding for a BRCA1 protein, which acts as a tumor suppressor. The verdict was in favor of a

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Establishment of Curcumin Resource DataBase (CRDB) – Efforts commendable of Indian Scientists to prohibit False patent claims on Curcumin

In a commendable initiative, world’s first comprehensive open database on curcumin has been created by Indian scientists from Kolkata with an aim to create substitutional innovation strategy and generate public awareness. The Curcumin Resource Database (CRDB) or portal is a collaborative effort of the Indian Institute of Technology-Guwahati (IIT-G), Institute of Advanced Study on Science and Technology (IASST) and the Central University of South Bihar (CUSB), Patna. The entire stream of efforts and struggles to impart security to the celebrity therapeutic component (curcumin) of the golden Indian spice turmeric and much beloved amongst researchers across the sphere been granted a worldwide recognition.

The CRDB team includes;

  • Dr. N.C. Talukdar, Team Leader, Director, Institute of Advanced Study in Science and Technology, Guwahati, Assam.
  • Prof. Utpal Bora, Team Leader, Bioengineering Research Laboratory, Dept. of Biosciences

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Section 3(K): An amendment to stifle or encourage creativity?

Software patentability and the rules associated with it suffer from the lack of uniformity and subsequent ambiguity across the globe. The USA, Singapore and Australia to name a few have encouraged software patentability by granting liberal patents, Europe in general has been opposing on the ground that they are based on established mathematical formulas and do not call for any patentability as they do not involve the crucial inventive step as a patentability criteria.

Earlier there was no software patenting procedure in India. There were no specific guidelines which spoke of software patentability. The computer programs are not patentable per se; however a claim to a manner of manufacture, which results in a tangible product, which requires the application of an algorithm or a particular computer program, may be patentable.

Software protection

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The cryptic case of Rasgulla – Combat for rights over Geographical Indication amogst bengalis and odiyas

The emblematic, soft hearted-cheesy-sugar syrupy filled rasgulla has again become a victim of a bitter debate with respect to its origin and continues to bamboozle its admirers. Both Odisha and West Bengal have been making claims over the origin of the delicacy and attempting to get the geographical indication tag for this mouthwatering sweet.

The debate gained momentum in August this year at the time of the closing of the festival, Nabakalebara (soul transformation of the holy trinity) Rath Yatra in Puri, with Surya Narayan Rath Sharma, a researcher from Jagannath Temple asserting the origin of rasgulla in Puri and further claiming that the delicacy is offered to Gods every year. Surprisingly furthermore, Laxmidhar Pujapanda, Public Relation Officer of the Jagannath temple, claims that the delectable sweet has been part of

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Delhi HC issues notice to Indian Govt in a PIL filed on working of Patents

Usharani

The Delhi high court issued notice to the Government of India on Sep 1st 2015, in response to a public interest litigation (PIL) on working of patents filed by eminent IP professional, Shamnad Basheer and the matter is now listed for November 17th.

The PIL was filed based on the outcome of a survey undertaken by the petitioner and his research group and information gathered by the petitioner through RTI applications. The PIL claims that the statutory requirements on working of patents are either not fulfilled/ inadequately fulfilled by most of the patentees and that the respondents (government authorities) are complacent in this regard. The petitioner contends that the working of patents lies at the very heart of the Indian patenting system and that the grant of exclusionary ‘rights’ to the

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Supreme Court objects to Intellectual Property forum shopping

Madhusudan P

Forum shopping in a legal context refers to the strategy of a plaintiff to have his suit filed in a particular court or jurisdiction where he feels that he will receive the most favorable judgment or order. Forum shopping occurs when a plaintiff seeks to bypass the natural forum for a dispute, and is motivated by various aspects like favorable laws, procedures, leniency of judges etc.

In the context of Intellectual Property (IP) litigation in India, forum shopping is a debatable subject since the IP laws in India are uniform and are applicable throughout the country, yet plaintiffs choose to litigate in a particular court due to the perceived IP awareness of judges, biases of judges etc. For example, it is widely believed that the Delhi High Court has been

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Patent Search: Gateway to an Invention

Patent can be defined as a right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission. Such a privilege is granted as a reward for giving a technical solution to a problem. Grant of a patent involves a huge task for the inventor hence it becomes highly essential to have an analysis of prior art and inventions of the ideas which bear a close resemblance to the invention disclosure.

Patent search is the first step taken for a proposed invention before making it ready for filing. It is highly essential for the inventor to be aware of any prior art involved for the proposed invention so that enough space and opportunity can be provided for the inventor to know

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Microfluidics Technology-Based Lab-on-a-Chip Device – A Brief Overview and a Recent Breakthrough Report from Rutgers Engineers

A recently published report in Azonano.com dated 13th September 2015, states development of a breakthrough device that can significantly reduce the cost of sophisticated lab tests for medical disorders and diseases and glorified credit goes to engineers from Rutgers School of Engineering, New Jersey. As proposed, the medical device could reduce cost of sophisticated tests for diseases and medical disorders like HIV, Lyme disease and syphilis.

By definition, a lab-on-a-chip (LOC) is a class of device that integrates and automates multiple laboratory techniques into a system that fits on a chip up to a maximum of a few square centimeters in size. LOCs deal with the handling of extremely small fluid volumes down to less than pico liters and the devices are regarded as a compartment of Micro-electro-mechanical systems (MEMS) devices

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Google’s Self-Driving Car Patent

Avanthi

The much awaited patent from Google about the self-driving car has been published today. This talks about the driving control that shuttles between the self-driving car and the drivers.

The Google’s Self-Driving car, a project by GOOGLE X involves the technology which aids in developing autonomous cars and the software instigated is called “Google Chauffeur”. This is a clear concept which is currently being led by Google Engineer “Sabastian Thrun”, former Director of Stanford Artificial Intelligence Laboratory along with Google Street View (technology providing panoramic views).

How does it really work? This question has made to evolve many assumptions whether the prototype is equipped with typical steering and pedals or not. Such questions have been answered by Google saying that the vehicles are equipped with removable steering wheels and pedals that allow

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FDA Approves ”Female Viagra’ pill Flibanserin after two rejections

The FDA has finally approved the little pink pill to help women boost their sex drive. The approval came on the 18th of August.

Flibanserin with a dosage of 100mg developed by Sprout pharmaceuticals Inc. will be sold as Addyi. It is intended for the treatment of women diagnosed with hypoactive sexual desire disorder, HSDD.

The drug, while often referred to as “female Viagra”, is more akin to an antidepressant as it changes brain chemistry similar to the way that dopamine and serotonin do. Viagra relaxes muscles and increases blood flow to particular areas of the male body, helping treat erectile dysfunction. While the blue pill for men should be taken before engaging in sexual activity, women are to take the pink pill daily.

But the FDA has given the approval after great

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Patenting business models: An overview

The successful transition into the post TRIPS era led to the mushrooming of ideas into business models thus creating a whole lot of opportunities and also wealth. The term Business Methods can be defined as an abstract representation of an organization as it involves whole gamut of activities in a commercial or industrial enterprise relating to transaction of goods or services. A recent study conducted jointly by The Associated Chambers of Commerce and Industry of India (Assocham) and Deloitte has revealed that the E commerce industry makes $1.2 million every 30 seconds! The concept of business models has led to the rise in the concept of entrepreneurship and has also amended the ways of conducting the regular business by making it customer centric.

“The concept is king”, this is true

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Caprotec Bioanalytics, A German company bags US Patent for CCMS Proteome analysis technology

It was on August 20, 2015, that Caprotec Bioanalytics, GmbH proclaimed issue of patent by United States Patent Office (No. US 9,034,789) entitled “Capture Compounds, Collections Thereof and Methods for Analyzing the Proteome and Complex Compositions” on ground-breaking Capture Compound Mass Spectrometry (CCMS) technology. Caprotec, founded in 2007 by serial entrepreneur Prof. Hubert Koester is based in Berlin and the newly granted patent to this company harmonizes the company’s patent assortment of more than 40 issued patents in countries including the European Union, Canada, Australia, Singapore, Hong Kong, Japan, Israel and India. The company’s investors encompass a jumble of private and institutional organizations including Creathor Venture, IBB Beteiligungsgesellschaft (VC Fond Berlin), LBBW Venture Capital, KfW (ERP Startfonds) and prominent business people from the life sciences communities. The main target of

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Third compulsory license application in India: Controller decides against the applicant – Lee Pharma Ltd.

Usharani

India’s compulsory licensing policy, though TRIPS compliant, has come under scathing attack from many quarters of developed countries, mainly attributed to the pressure from big pharma lobbies based in those countries. India granted its first compulsory license in Mar 2012 to NATCO Pharma Ltd., a generic drug manufacturer, to produce Nexaver, an anticancer drug patented by Bayer and the license is valid till 2020. An attempt by another generic drug maker, BDR Pharma to get a compulsory license for another anticancer drug – Dasatinib was however unsuccessful with the Indian patent office rejecting it on the basis of failure of the applicant to make a prima facie case.

The third compulsory license (CL) application was filed by Lee Pharma Ltd., a Hyderabad based company on 29th June 2015 for manufacturing and

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India wins Patent war on Hair Loss formula

prometheus

India successfully protected its traditional knowledge by stalling a leading UK-based laboratory’s move to patent a medicinal composition containing turmeric, pine bark and green tea for treating hair loss.

The UK-based company – Pangaea Laboratories Limited – had filed the patent application in February, 2011. The Traditional Knowledge Digital Library (TKDL) of the Council of Scientific and Industrial Research (CSIR) could manage to prove the European Patent Office (EPO) that turmeric, pine bark and green tea have been used since time immemorial as an effective treatment for hair loss in the indigenous systems like Ayurveda and Unani.

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India creates database of 1,500 Yoga poses to thwart western IP claims

Yoga is an ancient Hindu philosophical, spiritual and physical practice which combines body movements and fixed postures with meditation, spiritual, and holistic exercises was developed nearly 5000 years ago in India. The Indian government has decided to shortlist around 1500 asanas creating a digital video database of the poses in an effort to thwart copyright attempts in a global multi-billion dollar industry.

Classifying the yoga positions, known as asanas, as part of the “traditional knowledge” of the country, the Council for Scientific and Industrial Research (CSIR) of India’s Ministry of Science and Technology, has begun the tedious work of videotaping Indian yoga expertise. So far, it has uploaded recordings of 250 asanas into a Traditional Knowledge Digital Library (TKDL) database.

It is estimated that up to 300 million people practice yoga across

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Indian laboratory CSMCRI-CSIR gains triumph over battle to patent cheaper Iodized salt

Once again in the successful row of winning patent battles based on traditional knowledge, India has attained global attention as an Indian public sector laboratory from Bhavnagar has gained victory over an exceptional patent battle on a method of producing iodized salt against a huge multi-national company, Hindustan Unilever Limited (HUL). Both in a humble and pompous sense, this victory is being considered as the 21st century ‘Salt Satyagraha’, about which even our father of nation, Mahatma Gandhiji would be feeling incredibly self-righteous. The Central Salt and Marine Chemicals Research Institute (CSMCRI) has humbled the giant multi-national corporation Hindustan (HUL) to reinstate control over a patent to efficiently make the everyday commodity, iodized salt. Eventually, the CSMCRI managed to put a stop to an exertion to extort control over a

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Chennai Patent office revokes Roche’s patent for valganciclovir

Usharani

Patient organizations gained a victory in their fight for access to medicines as Roche’s patent on Valganciclovir, an antiviral medication was revoked by the Chennai Patent Office. But this long drawn fight is not a clear victory since the patent term expired almost simultaneously.

Background:
Roche filed a patent application (959/MAS/1995) with the Indian Patent Office on 27 July 1995, covering Valganciclovir and its salts as well as a process for preparing the same. Valganciclovir is an oral prodrug of Ganciclovir that is used in the treatment of cytomegalovirus infections, primarily in immunocompromised patients such as HIV/AIDS patients or patients who have undergone organ transplants. The drug is prohibitively expensive costing around 2.7 lakhs for one course of treatment of a patient.

A pre-grant opposition was filed in Dec 2006 by patient

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Swiss Drug Maker-Roche Patent Claims On Valcyte Faces Rejection All Over Again In India

The Indian Patent Office in a verdict on July 1, 2015, for the second time, rejected Swiss drug maker Roche’s patent claims on Valganciclovir or Valcyte, used to treat an eye infection, which commonly affects patients suffering from acquired immune deficiency syndrome (AIDS). The decision was made mainly on grounds of “obviousness” and Sec 3(d) of the Indian Patent Act, which refutes patent claims to additional innovations in the absence of corroboration for therapeutically momentous significant effectiveness.

A spokesperson from Roche, India informed the media that the company is taking into account the alternatives based on the latest decision on the drug and will act in response at the earliest.

Earlier in 2010, the patent authority had given permission to certain Indian drug makers including Cipla, Matrix (presently named as Mylan) and

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Patent Granted To Nutech Mediworld For Ground-Breaking Developments In Human Embryonic Stem Cell Technology To Treat Incurable Diseases In Malaysia

Indian medical innovation is over again in glare of publicity in biotechnology sector as a leader in stem cell therapy and the credit goes to Dr Geeta Shroff, Founder and Medical Director, Nutech Mediworld in being granted 66th patent on ground breaking human embryonic stem cell technology to treat incurable diseases in Malaysia. Earlier in 2015, Dr Shroff’s technology was officially granted its 65th patent in Israel and the technology has already been granted patents in countries like Japan, Singapore, South Korea, USA, Australia and New Zealand. It is worth mentioning here that the incredible team has an additional 82 patents in different countries at varying stages of evaluation. Dr. Shroff, an infertility expert in in-vitro fertilization (IVF), initiated her research on human embryonic stem cells in 1999 and is

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Traditional Knowledge Digital Library (TKDL) Database: A brief overview on its origin and its crucial role behind India wedging Colgate-Palmolive Patents for typically consumed spices

Gaining an insight into Traditional Knowledge Digital Library (TKDL) database will make one realize the magnitude and significance of Indian traditional medicinal system and heritage. Since primeval time, India has possessed an affluent traditional knowledge, which refers to knowledge inherent in aboriginal communities on diverse ways and means practiced to treat diseases, which have distressed people. This knowledge has generally been passed from generations to generations through oral means. Our prehistoric classical and other literature, encompass such information, which are often unapproachable by a common man and even when accessible remain to be exceptionally understood. Certification and documentation of existing traditional knowledge, available in public domain, on various traditional systems of medicine has gained importance to preserve the autonomy of Indian traditional knowledge and to protect it from being embezzled

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Symed V. Glenmark: Glenmark process does not infringe Symed’s process Patent for Linezolid manufacture

Usharani

The Delhi High Court in its interim order dated 17th July 2015, disposed off the appeal filed by Glenmark against the interim injunction awarded by a single judge of the Delhi High Court on 19th Jan 2015. The 19th Jan 2015 interim injunction restrained Glenmark from making linezolid on the ground that it violated Symed’s patented process. On an appeal by Glenmark, a Division Bench of the Delhi High Court vacated the interim injunction in an interim order dated 5th Feb 2015. As per the recent order dated 17th july 2015, Symed had agreed that the Glenmark process for preparing linezolid is distinct from the patented process and Glenmark is now free to use its process for manufacturing linezolid.

Symed, a Hyderabad based company that manufactures Active Pharmaceutical Ingredients (API) and

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Life Sciences embrace exigent technology in global innovation as per patent statistics

Usharani

As per Thomson Reuter’s analysis of global patents, the life sciences industry is attaining increasing succession over technology-based sectors in terms of driving global innovation.

The year 2014 has been full of patents application and successful grants than any other year in the history. This reflects the ingenious nature of civilization with relevance to few examples like designing driverless cars, discovering new drugs for cancer or building bionic limbs.
Nevertheless, a slow growth in innovation has been observed with worldwide patent volume up 3% last year, the smallest annual rise since the end of the global recession in 2009. Whereas, previously, nearly double-digit percentage increase has been recorded. One plausible reason for such a behavior could be tighter patenting rules in the US.

A significant drop in patents for semiconductors to 5%

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University of California-Berkeley, Harvard or MIT: Who owns billions of dollars worth CRISPR-CAS9 mediated gene-editing technology?

Genome editing, also referred to as genome editing with engineered nucleases (GEEN) is a category of genetic engineering, in which DNA is inserted, replaced, or removed from a genome using artificially engineered nucleases, or “molecular scissors.” The nucleases create specific double-stranded break (DSBs) at desired locations in the genome, and harness the cell’s endogenous mechanisms to repair the induced break by natural processes of homologous recombination (HR) and nonhomologous end-joining (NHEJ). Amongst four specific families of engineered nucleases, CRISPR/Cas system has gained immense importance in recent years. Generally, Clustered Regularly Interspaced Short Palindromic Repeats (CRISPRs) and CRISPR-associated (Cas) proteins are found in many bacteria and most archaea. With respect to high flexibility and specific targeting, it is possible to manipulate and redirect CRISPR-Cas systems and render them as powerful tools

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IPAB Sets aside Patent office order refusing Patent to Pfizer’s Anti-Psychotic drug

Usharani

In a case reflecting the sorry state of affairs with respect to patent prosecution in India, the Intellectual Property Appellate Board (IPAB) had set aside the order passed by the Delhi Patent Office refusing patent to Pfizer’s anti-psychotic drug. Pfizer’s patent application (No. 1154/DEL/1997) was directed to Ziprasidone mesylate trihydrate for treatment of psychotic disorders. The First Examination Report (FER) on the application was issued on Apr 2006 for which Pfizer filed a response in Mar 2007. Subsequently, an office action was issued objecting to the claims under section 3(d) & (e) of the Patents Act. Notwithstanding the response filed by Pfizer furnishing necessary data, the Assistant Controller had then refused grant of patent under section 3 (d) & (e) in the order dated Mar 2010 leading to Pfizer filing

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Suven Life enhances its patent portfolio with two new patents

Usharani

Suven Life Sciences Ltd., from Hyderabad, specializing in research on new drug candidates for central nervous system (CNS) disorders had procured two new product patents – one from the European patent office (EPO) and another from Hongkong. Both the patents claim drug compounds (New Chemical Entities- NCEs) targeting a serotonin receptor that modulates the release of different neurotransmitters. These new drug compounds will be further developed for treatment of various neurobehavioral and neurodegenerative disorders like Attention Deficit Hyperactive Disorder (ADHD), Alzheimer’s disease, Huntington’s disease, Parkinson’s disease and schizophrenia. These new drugs have a huge market potential globally and Suven Life might out-license these drugs.

The Hong Kong patent (numbered 1173140) claims 1,2-Dihydro-2-Oxoquinoline compounds as 5-Hydroxy tryptamine (a serotonin) receptor 4 modulators. Suven Life has already been granted patents for the drug

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Pre-Grant opposition: Wyeth loses to Fresenius Kabi

Usharani

The Indian Patent Office has refused patent to Wyeth, a group company of Pfizer Inc., in response to representation for Pre-grant opposition filed by Fresenius Kabi (formerly Dabur Pharma Ltd.). The pre-grant opposition is against a divisional patent application filed by Wyeth (1155/KOLNP/2007) claiming stable parenteral formulations having a rapamycin hydroxyester (CCI-779).

The grounds for the opposition were that: the invention has been published already [Sec25(1)(b)]; the invention was publicly known in India [Sec25(1)(d)]; the invention is obvious and does not involve any inventive step [Sec25(1)(e)]; the invention is not an invention and not patentable as per the Indian Patent Act [Sec25(1)(f)]; the description of the invention is insufficient and diffuse [Sec25(1)(g)] and the information under section 8 was not furnished by the applicant [Sec25(1)(h)].

In the hearing during opposition proceedings, Fresenius

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EMA’S harsh recommendations against GVK: India contemplates WTO action

Usharani

GVK Biosciences, a contract research organization that conducts clinical trials for many reputed generic manufacturers in India and foreign countries is facing rough weather following the harsh recommendations made by the European Medicines Agency (EMA).

The trouble started for GVK last May when ANSM, the French drug regulatory agency alleged data manipulation of “check-out ECGs” during its inspection at the Hyderabad center of GVK. It further alleged systematic falsification of the data over a period of about five years. GVK countered the allegations by submitting necessary evidence with the EMA to establish good clinical practices followed by the company. In spite of that, by December, four European countries including France, Germany, Belgium and Luxembourg had suspended marketing authorization of about 25 generic drugs that were tested in GVK. In January

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China grants Patent to an Indian company for its Flagship technology in Stem Cell research

Usharani

Stempeutics Research, a stem cell research company having facilities in India as well as in Malaysia has obtained a Chinese patent (Chinese Application No. CN 201080053627) for its lead product-Stempeucel. The company has obtained patent rights in US as well (US 8956862) for the same technology. Stempeutics Research is the first company in the world to be granted a US process patent for a stem cell medicine based on pooling technology.

The technology pertains mainly to large scale culturing of mesenchymal stem cells for various clinical applications. The mesenchymal stem cells are derived from the bone marrow of multiple donors and are cryopreserved in a unique cryopreservation solution.

Stempeucel is prepared from allogenic bone marrow cells by passing through various cell bank generations. First, a “Master Cell Bank” (MCB) of mesenchymal

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