01 January 0001

IPR Amicus: April 2016


Product by process claims - A perspective -

The legal protection to an invention is based on the claims of the granted patent. A process patent has claims directed towards a method/ process of manufacture of the product. In some cases, the product may not be defined or distinguished from the prior art except by reference to a process by which the product is made. In such cases, the claims define a product in terms of how the product is made; and claims directed to such products are ‘product-by-process’ claims. The burden of proof for allegedly distinguishing the product in a ‘product-by-process’ claim from that of the prior art product lies with the applicant.…


Statutory Updates

  • Trade Marks Registry keeps abandonment orders in abeyance
  • First Statement of Objections (FERs) to be issued electronically


Ratio Decidendi

  • Ex-parte ad-interim injunction possible only in case of inherently distinctive mark– Delhi High Court
  • Copyrights – Interim injunction cannot be granted on cursory material– Bombay High Court
  • 'Copyright in drawing and sketches for dresses, not registered as design – Delhi HC clarifies ‘capable of being registered'
  • Assignment/license of copyright should be in writing – Delhi HC


Patent Office Decisions

  • Primary intended use of numbering device for use in printing banknotes etc – patent not granted citing Section 3(b)
  • Method to shield eyes with insufficient pigmentation by surgical intervention – not patentable


News Nuggets

  • Method of detecting genetic variation – US Court affirms invalidation of patent


April, 2016/Issue-57 April, 2016/Issue-57

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