The LexCampus Weekly Newsletter No. 10
10th March, 2021
This week we look at a decision by the IPAB regarding the filing of a divisional application and the unity of invention presented by the applicant therein. While the Controller had refused to admit the divisional application, the Appellate Board reversed the decision after examining the technicalities of the parent and divisional application under Section 16 of the Patents Act, 1970. This week’s blog discusses the curious case of Kolkata based advocate and entrepreneur Kanishk Sinha who holds the patent for technology related to battery operated eco friendly rickshaws. In a befuddling turn of events the Supreme Court of India stopped the registration of these vehicles across the country and has ruled that Kanishk Sinha is the sole authorised facilitator of such registration. This week, our drafting tips section progresses to the topic of transition words in drafting a patent. We conclude the newsletter with a patent based Q & A answered by Dr. Feroz Ali.
PATENT CASE SUMMARY
The Procter & Gamble Company v. Controller of Patents and Designs.
The patent in divisional application presents an invention that relates to a laundry detergent composition comprising a combination of specific enzymes with a specific random-graft copolymer. In response to the Controller’s objection regarding lack of unity of invention, the applicant decided to file a divisional application under Section 16 of the Act. The Controller rejected this application stating that claims therein were in conflict with claims presented in the parent application. Aggrieved, the applicant preferred an appeal to the IPAB. Read more
FROM OUR PATENT BLOG
Can a patent for e-vehicles include exclusive rights for its registration by the buyers?
The Indian Patent Office granted Kanishk Sinha and Lipika Das Sinha Patent No. 254875 on 28.12.2012 w.e.f. 02.05.2005 for technology related to battery operated electric rickshaws that run on the energy created by a chemical reaction between zinc and oxygen, thereby acting as a means of pollution free transportation. The patent was titled “a fuel cell system and an efficient eco-friendly vehicle mounted with fuel cell system” and was valid for a period of twenty years ending on 01.05.2025.Kanishk Sinha had contended before the SC that he should be recognised as the sole facilitator for registration of battery operated rickshaws in India, since he held the patent for the relevant technology. In a curious turn of events, the SC granted the relief prayed for and ruled that all registration of e-vehicles be stopped across the country. Read more
DRAFTING A PATENT – TRANSITION
- In most cases, a combination claim would require one or more words to help make the transition between the body and the preamble of the claim. The most commonly used phrases for transition are “comprising” and “which comprises”.
- The term “comprising” according to established principles is taken to mean “including the following but not excluding others”. This leaves the claim open and not closed.
QUESTION: Why is filing a request for examination necessary?
You should understand that patent prosecution is like a game where the burden is on the applicant to make the moves. If the applicant fails to make a move, there are various deeming provisions by which the patent office will assume you’re not interested. And that is the right way to structure it, because you want a right; if you want to right you have to move towards it. So they’ve said, what if a person .. Read more
That’s all folks for this week.