The Making Of MARKUSH!

 

Imagine, you win a particular case, and the entire structural proceedings is named after you. This happened almost a century back when Eugene Markush won US Application No. 611637, the case in which his claims of the alternate groups placed in the same core structural compound was accepted as Patent! Thus, what happens in a Markush Formula is, you’ve different subsequent, functional groups, or parts of it, chained or not, with variation in their placings, positions, or, frequencies. Yet, more than a decade back, I questioned the concept of Markush Patents! If I can recall, I had sent my article, and then I didn’t follow up with that too! Because this set of Claims come directly in conflict with the provisions of Refusal, for instance, under the ambit of Section 3(e) or 3(f), related to admixture or arrangement – rearrangement. Because, and correct me if I am wrong, Markush is nothing but arrangement – rearrangement of the different groups subsequently in the same compound formula as shown below! Correct? So how it is NOT different from mere mixture-admixture or mere arrangement – rearrangement?

Would It Be WIPO, OR, Fragmented International IP Prosecutions, And ITS Dilemmas!

 

I wrote earlier long back in one of my blogs about what would happen to WIPO if and when Nations start implementing their own Sectarian WIPOs! Be it Vide -> BRICS or QUAD or The AMERICAS’ (North & South) OR WESTERN Alliance OR E.U. OR SCO OR SAARC etc. That means, we will witness somehow different versions of WIPOs! That won’t restrict therein, because everyone would want their own prosecution timelines to be implemented!  But then, that should be started with the TRIPS, going back to the basics of Paris Convention, BERNE! And what if this doesn’t happen and we return back to the CONVENTION based Prosecutions only? Too tedious! But in that case, it will go back to the basics of overhauling ICANN, then layer by layer would come for WIPO and so on!