The LexCampus Weekly Newsletter No. 29
21st July, 2021
This week’s Newsletter discusses a judgement by the Delhi High Court where the patent was sought to be revoked on the grounds of obviousness. The Judgement also deals with the dichotomy between disclosure and coverage in a Markush claim patent. Our blogpost this week discusses the difference between Patent Agents and Patent Attorneys, as an introductory article to discussing careers in Patent Law. We offer a final few tips regarding punctuation and formatting while drafting a patent.
PATENT CASE LAW SUMMARY
FMC Corporation Ltd v. Natco Pharma Ltd. & Anr.
2021 SCC OnLine Del 3647
FMC Corporation filed a suit for permanent injunction against the Defendants to prevent infringement of their product and process patents relating to the manufacture and use of Chlorantraniliprole (also known as “CTPR”). The Defendant argued that the patent was invalid and should be revoked on the grounds of obviousness. The Court in this case also discussed the Novartis judgement and the dichotomy between coverage and disclosure in Markush claims. Read more
Patent Agents and Patent Attorneys
Patents are a nuanced and complex set of property rights requiring various skills at various levels of their management. Once a scientific invention has been made, the procedure to register with the Patent Office and secure a patent and later safeguard this patent and its bundle of affiliated rights from infringement requires the services of two important persons – a Patent Attorney and a Patent Agent. This article explains their respective roles while also distinguishing between the two similar terms which the common man tends to often use interchangeably. Read more
PATENT DRAFTING TIPS: PUNCTUATION AND FORMATTING
- Claims in a patent can also be arranged in the outline format which uses letters such as (a), (b), so on and so forth to identify various paragraphs and subparagraphs.
- Such identification helps in making reference to previous claims at a later stage of the text. Thus, while the outline form may not add much comprehension it certainly aids in cross-referencing.
- A patent that is drafted with appropriate punctuations in a straightforward format will be appreciated by the examiner and will be helpful for anyone who read the patent, for any purpose.
That’s all folks for this week.