IPR Amicus of December 2015 covers an article on Divisional Applications for patents. It is opined that there is no settled jurisprudence that a divisional application can be filed only based on the invention claimed in the parent application. Noting the recent IPAB decision in this regard, the author concludes that it will be interesting to see as to how the IPAB and the Courts interpret Section 16 of the Patents Act, 1970.
Ratio Decidendi in this issue includes summary of an important case law on fraudulent trademark registration and adoption. Further, it also includes an order from United States Court of Appeals for the Federal Circuit holding that infringement occurs as a result of “making” a product, and does not extend to testing.
This month’s ‘Patent Office decisions’ section covers summary of Order of the Patent office, Kolkata on rejection of patent application holding that solubility and hygroscopicity are no criteria to overcome objections under Section 3(d) of the Patents Act.