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Balaji v. Aia, Patents and the Fourth Industrial Revolution, Drafting a Patent

The LexCampus Weekly Newsletter No. 17

28th April, 2021

Hi, 

This week we look at a case dealing with the issue of whether a petitioner can avail remedy under Section 64 of the Patents Act, 1970 and also simultaneously file a counterclaim in an infringement suit. This week’s blog post discusses the phenomenon of the Fourth Industrial Revolution and its confluence with the patent regime. We offer the final few tips on drafting the transition clause of a patent and conclude with a patent related FAQ answered by Dr. Feroz Ali.  

PATENT CASE LAW SUMMARY

Shri Balaji Industrial Products Limited v. Aia Engineering Limited and Ors.

S.B. Civil Writ Petition No. 19396/2019

A writ petition has been filed by the petitioner to quash and set aside an order dated 06.01.2020, transfer the pending suit along with the application to this Honourable Court with immediate effect. The main issue was the revocation of a patent held by the Respondent. The main issue in dispute was whether it was legally permissible for the petitioner to argue revocation of the patent under Section 64 of the Patents Act, 1970 while also filing a counter claim in an infringement suit filed under the Act. Read more

FROM OUR PATENT BLOG

Patents and the Fourth Industrial Revolution

We live in the age of rapid technological advancements and in recent times, we have witnessed the dawn of a new era within this realm, which can be called the Fourth Industrial Revolution. Justifying the label of a ‘Revolution’, the phenomenon exhibits potential to make large scale impact for the long term. Businesses, analysts and the State have begun to consider the benefits and uses of this technology in daily activities and governance. Read more

DRAFTING A PATENT – TRANSITION CLAUSE

  • Using the phrase “consisting” should be avoided in claims where a broader scope is desired, since the word acts to severely limit the scope. 
  • It is to be remembered that using “consisting essentially” makes room for material additions provided the “consisting essentially” ingredients were “necessarily present,” and the composition with the additions still used the originally claimed invention.

PATENT Q&A

QUESTION: What priority means in “priority date”?

ANSWER: Priority means when did something get exposed or published to the world at large, the point at which something came to the knowledge of the public, which was publicly known or which came to the knowledge of the public that fixes the priority. Priority means the date on which that document was first published. We are usually talking about a document from which a patent right can emanate. We are not talking about .. Read more and watch video explanation

That’s all folks for this week

Team LexCampus

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