Article
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
