NDLI: “Maxacalcitol” : Decision of the IP High Court 25 March 2016

Content Provider	Springer Nature Link
Copyright Year	2016
Abstract	1. For the doctrine of equivalents, “an essential part” of the patented invention is the part of the claim that embodies the specific technical idea that distinguishes the patented invention from the prior art. An essential part shall be determined based upon the claim and the description, especially in consideration of a comparison with the prior art and the extent to which the patented invention has contributed thereto. 2. “Special circumstances” that speak against the inclusion of equivalents in the scope of protection shall not be affirmed only because a person skilled in the art could have easily conceived the alternative constituent features at the filling date and the applicant did not describe them in the specification. However, they can be affirmed where an applicant, from an objective and external point of view, is considered to have recognized that such alternative features could replace the claimed invention at the filling date.
Starting Page	982
Ending Page	985
Page Count	4
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	47
Issue Number	8
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2016-11-28
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Patents Infringement Doctrine of equivalents International IT and Media Law, Intellectual Property Law Essential part of the invention
Content Type	Text
Resource Type	Case study
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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