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DELHI HIGH COURT INVITES COMMENTS ON PATENT RULES 2020

The Delhi High Court on October 9, 2020 issued its proposed  “The HighCourt of Delhi Rules Governing Patent Suits, 2020”.   The notification may be accessed here on the Delhi High Court website or from this site:  PublicNotice_G3SK9Q0PX99.PDF 223 KB The notification asks members of the Bar to send their comments / suggestions if any, within four weeks, to the office of the Registrar General of this Court by e-mail at jrrules.dhc@gov.in. My comments on the proposed rules may be accessed from here Response to Proposed Rules- RajivChoudhary.pdf 253 KB Continue reading

THE FERID ALLANI JUDGEMENT AND THE CHANGED INDIAN PATENT LANDSCAPE FOR SOFTWARE PATENTS

Shortly before the term of a patent (if granted) would expire, in an ex-parte order issued by the IPAB authored by Justice Manmohan Singh, the IPAB finally granted a patent to Ferid Allani for an application filed almost two-decades ago for an invention relating to ‘A method and device for accessing information sources and services of the web.’ Brief prosecution history of the application – from filing to grant Ferid Allani had an idea and filed a provisional patent application for it on 30.12.1999 in France and it was given the number 99/16704.  Thereafter, a PCT application was filed on 29.12.2000 (PCT/FR2000/003759) and it entered India as IN/PCT/2002/00705/DEL on 17.07.2002.  As su... Continue reading

SAMSUNG GETS A FAVOURABLE RULING V. APPLE FROM THE US SUPREME COURT

In a crisp 10 page unanimous opinion, the US Supreme Court overruled the (unanimous) Federal Circuit decision.   The US Supremes held that an “article of manufacture” need not be the end product as was claimed by Apple and agreed with Samsung that the article could be an intermediate product or a component !!! “The Federal Circuit’s narrower reading of ‘article of manufacture’ cannot be squared with the text of §289. The Federal Circuit found that components of the infringing smartphones could not be the relevant article of manufacture because consumers could not purchase those components separately from the smartphones. […] But, for the reasons given above, the term ‘article of m... Continue reading

TIDBIT: IPO REVISES PATENT APPLICATION / RFE NUMBERING SCHEME

First posted on spicyip.com on 25.07.2016In an office order issued some time back, our patent office streamlined the numbering of patent applications and request for examinations.  This numbering system came into effect from 1st January 2016.  The new numbering system is in line with global best practices. This new numbering system provides for patent applications having a 12 character numeric fixed length standard and applicable to all patent offices.  The 12 character numeric length also includes Year of Filing, jurisdiction, type of application, and application number. Numering Scheme -I.PNG 52.6 KB Numering Scheme-image2.PNG ... Continue reading

FORMULA ONE RACING AND IP PROTECTION

First posted on spicyip.com on 04.08.2014 Some time back, one of our readers had asked us to provide some information on Formula One (F1) racing and patents.  This post provides a background on the elements of a F1 car, and patenting in the F1 industry.  To better explain the concept, this post will cover two aspects in great detail in the F1 car where patenting would be a natural choice. Currently, there is little evidence of large scale patenting in F1 racing.  This may change going forward due to several cases of espionage being detected at the highest levels in F1 racing. Background: It would be an understatement to state that modern F1 car’s are extremely complex machines.  F... Continue reading