The LexCampus Weekly Newsletter No.26
30th June, 2021
This week’s judgement is from the Intellectual Property Appellate Board (IPAB), Mumbai Bench which discusses the objections based on lack of inventive step of the claim in respect to an invention pertaining to a flooring system. It also highlights the nature of amendments that are allowed according to the patent statute. This week’s blog post gives a summary of the role of patent agents in the Indian patent system. This week we continue with the topic of drafting, the Body of Claims. We conclude with a patent related query answered by Dr. Feroz Ali.
PATENT CASE LAW SUMMARY
United States Gypsum Company vs. Assistant Controller of Patents and Designs
United States Gypsum Company appealed before the IPAB against the order passed by the Controller refusing the grant of patent with the objections of lack of inventive step over the cited prior art and amendments proposed by appellants were beyond the scope of invention as filed. According to the appellant the invention was non-obvious with technical advancement and amendments done satisfied the conditions specified in Section 59(1) of the Patents Act, 1970. The court in this case accepted the contention of appellant and held that the subject invention is inventive. The court also accepted the nature of amendments as explanatory in nature and set aside the impugned order. Read more
Role of Patent Agents in Patent System
Different countries have their national laws regarding regulations of Patent Agent actions as well as setting up their qualification. Considering the complexity of the patent system, the technically qualified individuals play a significant role in its effective working. This blog post explores the role of patent agents in the Indian patent system. It also highlights upon the tasks performed by such individuals. Read more
PATENT DRAFTING TIPS – BODY OF CLAIMS
- In the rare case of a single-element claim, the single element, be it a mechanism, step, article or composition, is merely described.
- Even with two element claims, punctuation should be used unless the first element contains very few words, so that it is clear where the description of the second element starts.