The LexCampus Weekly Newsletter No. 13
31st March, 2021
This week we look at an important judgement by the Delhi High Court ruled that in view of the subsistence of the right of the patentee, and there being an alleged infringement, the patentee is not required to wait for one year period to sue for infringement. This week’s blogpost is a continuation of last week’s discussion regarding careers in patent law. The current article explains in greater detail the scope of patent agents and the suitability of such employment to science and technology graduates. We offer tips on drafting the transition clause in a patent, and conclude with a patent related FAQ answered by Dr. Feroz Ali.
PATENT CASE LAW SUMMARY
CDE Asia Limited v. Jaideep Shekhar and Ors. CS(COMM) 124/2019
CDE Asia Ltd, had filed for permanent injunction to protect their patented right and the Respondent had in turn argued that in view of Section 25 (2) the application was not maintainable. The High Court examined the nature of rights conferred by Section 48 and stated that in the post grant stage, even though the said right may not have finally crystallized, pending post-grant opposition, in view of the subsistence of the right of the patentee, and there being an alleged infringement, the patentee is not required to wait for one year period to sue for infringement and thus the present suit cannot be held to be not maintainable and liable to be dismissed as premature. Read more
FROM OUR PATENT BLOG
Careers in Patent Law
Patent Law is an evolving area of study which by its very nature is intersectional between law, life sciences, and technology. Lawyers often tend to not consider patent law as a career option as they are intimidated by the idea of dealing with complex scientific principles and concepts or in some cases averse to the idea of moving away from core legal matters. Similarly, many individuals with a science or technology related educational background are not familiar with the career prospects they can enjoy within this realm, as they treat it to be more in the domain of law than of science and technology. The good news is that this is not true. Lawyers, and science and technology graduates both stand to benefit from a thriving patent practice in the country. Read more
DRAFTING A PATENT – TRANSITION CLAUSE
The following should be kept in mind while using the word “comprising” to make a transition from preamble to body of claims:
- The word “comprising” may raise the presumption that a list of elements following that transition word is nonexclusive and may include other elements. However, the use of this term means that in a suit for infringement, the accused device must contain each of the elements and only then it would be held as an infringement.
- Terms such as “including”, “having” , and “containing” have also been interpreted to have the same effect as “comprising”. However, “comprising” is recommended simply because it has become a standardized word of the patent art.
Question: Section 7(3) mentions that applicant is in possession of an invention. What do you mean by possession of an invention?
Answer: To understand Section 7(3) you need to look at Form 1, where there is a statement the applicant has to make that he is in possession of the invention. I made it very clear that possession is demonstrated through your disclosure, you have to say that you have achieved an invention. For instance, let us take the classic instance of a person who states that he has invented a perpetual machine, a machine that is capable of perpetual motion. You know that it is against Read more and watch video explanation
That’s all folks for this week