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May 23

RKD NewsNet May 2023

From the desk of Dr. Mohan Dewan | Assisted by: Adv. Arjun Pradhan Adv. Shubham Borkar

International News

Accidental Invention - Pacemaker

Accidental Inventions as the name suggests refers to the discovery or creation of something new or useful that was not intentionally sought after. From the discovery of penicillin to the creation of the microwave oven, accidental inventions have played a significant role in shaping our world.. In some cases, accidental inventions have even led to entire industries and new fields of research. These inventions often arise from unexpected or accidental circumstances, such as a laboratory mishap or some encounter by chance. While not all accidental inventions may be successful or have significant impact, they serve as a reminder that innovation can come from unexpected sources and that sometimes the most ground-breaking discoveries can be the result of chance. In this article we will be telling you about some of the lesser known accidental inventions.

The invention of the Pacemaker is one such case of serendipity!

*We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only.

The pacemaker, a life-saving medical device that regulates the heartbeat of patients with heart diseases, was not invented by design, but rather by accident. The story of its discovery is an interesting tale that highlights the unpredictable nature of scientific exploration.

It all began in the early 1900s when medical researchers began studying the electrical properties of the human body. One of these researchers was Albert Hyman, an American physiologist. In 1932, while conducting an experiment to measure the electrical activity of the heart, Hyman accidentally inserted an electrode too deep into a dog's heart and punctured the heart muscle, causing the heart to stop beating. To his surprise, when he removed the electrode, the heart started beating again. Hyman's accidental discovery led him to speculate that electrical stimulation could be used to regulate the heartbeat in people with heart disease.

However, it took many more years and many more accidental discoveries before the first pacemaker was implanted in a human patient.

In the 1950s, two American doctors, Paul Zoll and William Kouwenhoven, were independently working on developing a device to regulate the heartbeat. Zoll was experimenting with electrical shocks to the heart, while Kouwenhoven was working on a mechanical device that could compress the chest to stimulate the heart. In 1952, Zoll accidentally discovered that a prolonged electrical shock could cause the heart to beat regularly. This led to the development of a device that could deliver these shocks, and it was used to successfully treat a patient with a dangerously slow heartbeat. Meanwhile, Kouwenhoven's mechanical device was also showing promise, and in 1957, he successfully implanted it in a patient.

The first fully implantable pacemaker was developed by a Swedish engineer, Rune Elmqvist, in 1958. Elmqvist's pacemaker was a small, battery-powered device that could be implanted under the skin and connected to a wire that ran to the heart. Since then, pacemakers have been refined and improved, with today's models being much smaller and more sophisticated. They can be programmed to deliver electrical impulses that are tailored to each patient's needs.

Parallel to Rune, around the same point in time, a young engineer named Wilson Greatbatch was working on a project to develop a device that could record heartbeats. One day, while working on an oscillator that he was building from scratch, Greatbatch accidentally installed the wrong resistor. This caused the oscillator to produce a series of electrical pulses instead of a steady signal.

As he listened to the sound of the electrical pulses, Greatbatch realized that they had a similar rhythm to the human heartbeat. This gave him an idea: what if he used the oscillator to regulate the heartbeat of people with heart conditions?

Over the next few months, Greatbatch worked tirelessly to refine his invention. He added a transistor and a battery to the oscillator, making it small enough to be implanted into the body. He also developed a way to regulate the frequency of the electrical impulses, allowing the device to mimic the natural rhythm of the heart.

In 1960, Greatbatch successfully implanted his pacemaker into a dog, and it worked perfectly. He then tested it on himself, and was amazed at how it regulated his heartbeat. Greatbatch knew he had created something truly remarkable.

He took his invention to several medical device companies, but they were all skeptical of his device. Finally, in 1961, Greatbatch was able to convince a small company called Medtronic to manufacture his pacemaker. The device was approved by the FDA in 1962, and it quickly became a standard treatment for people with heart conditions.

Over the years, Greatbatch continued to refine his invention, developing new ways to make the pacemaker smaller, more efficient, and longer-lasting. He received numerous awards and honors for his work, and his invention has saved countless lives.

In conclusion, the accidental invention of the pacemaker by is a testament to the power of serendipity and the importance of curiosity and perseverance in scientific research .

In conclusion, the pacemaker is a remarkable medical device that has saved countless lives since its accidental discovery. It serves as a testament to the ingenuity and perseverance of medical researchers who continue to push the boundaries of science and medicine.

Interesting Fact -

Arne Larsson, a patient from Sweden, became the first patient to rely on a synthetic cardiac pacemaker in 1958. He outlived its inventor, the surgeon, and 26 pacemakers before passing away in 2001 at the age of 86.

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Speaking Order: The Soul of Justice

The Principles of Natural Justice should be followed by the authorities while holding the dais of justice. 'Speaking Order' is considered to be the third pillar of natural justice as it enumerates the relevant reasoning which paved the way for arriving to a certain decision. The paucity of necessary reasoning in any decision raises a doubt of arbitrariness, which is a nightmare for any justice delivery system. This article focuses on the similar issue which was brought to the kind notice of the Hon’ble Delhi High Court in the matter of Rosemount Inc. v. Deputy Controller of Patents and Designs (C.A. (COMM.IPD-PAT) 97/2022).

The matter involves rejection of patent claim application which was filed by Rosemount Inc., a US based company, before the Patent Office, New Delhi for patenting one of their processes and devices. The Deputy Controller of Patents and Designs objected the patentability of the application in terms of section 2 (1)(j) and section 2 (1)(ja) of the Patents Act, 1970 by stating that the invention lacked inventive step and was obvious to a person skilled in the art in view of cited prior arts in the examination report. In consequence, after hearing the matter, the Controller through an Order dated 28th April 2023, denied patent u/s 15 of The Patents Act 1970 in the impugned application.

The Order lacked reasoning for refusing to grant patent in the subject application. Though, the impugned order takes note of the prior art documents but the want of reasoning that how the subject patent is covered by the said prior art documents. An appeal was preferred by the applicant before the Delhi High Court in consonance with these issues which can be summarised in nutshell that the order by the Controller was not a speaking order.

The arguing counsel on behalf of the appellant vehemently opposed the cryptic impugned order which was passed by the Controller without going into the explanations and justifications offered on behalf of the appellant with regard to cited prior arts. The impugned order simply arrived to the conclusion that the subject invention lacks inventive steps. The Hon’ble Court while arriving to the judgment in the present matter relied on the cited judgments in Agriboard International LLC v. Deputy Controller of Patents and Designs (2022 SCC Online Del 940) & Blackberry Ltd. v. Assistant Controller of Patents and Designs (C.A. (COMM.IPD-PAT) 301/2022).

The Hon’ble Court while placing reliance on the aforementioned arguments and precedents opined that “the lack of reasons not only prejudices the right of the appellant to identify grounds of appeal, but also prevents the Court from discerning how the concerned officers have applied their minds and reached the impugned conclusion”. Hence, the Hon’ble Court set aside the impugned order dated 28th April 2023 which rejected the patent application of the appellant and remanded back the matter to the Patent Office for fresh consideration.

The Order in the present matter again established the foremost principle of justice delivery system i.e., the speaking order is the essence and soul of any judgement.

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Successful Enforcement of the Rights: ‘Sanchi’ Velvets

Counterfeiting velvet fabric in India is a serious issue that can have a negative impact on both the textile industry and consumers. Velvet is a luxurious and expensive fabric that is often used for clothing, home decor, and accessories. Fake velvet fabric not only deprives genuine manufacturers of their rightful profits but also results in lower-quality products for consumers who may not be able to distinguish between the genuine and counterfeit velvet.

Recently, M/s. Sunshine Velvet Private Limited (Sunshine Velvet) represented by R K Dewan & Co., was successful in obtaining an interim injunction against Mr. Ramesh Kumar Jeevraj Luniya trading as M/s Saanchi Velvets and M/s. Saksham Fabrics who were authorized dealers of Sunshine Velvet for infringing its registered trademark “" and selling counterfeit fabrics of inferior quality manufactured by third parties under Sunshine Velvet’s registered and reputed mark.

Sunshine Velvet is a renowned name in the Velvet industry which is based in Surat, Gujarat and carries on its business of manufacturing of wide variety of Textiles and Textile Goods and selling extensive array of velvet fabrics including but not limited to Garments Velvets, Devore Velvet, Pigment Printed Velvets, Velvet Fabrics, Crush Printed Velvets, Home Furnishing Fabric With Animal Prints, Designer Velvet, etc. under its registered trademark “".

By virtue of its excellent velvet fabrics under its trademark “" since its inception, Sunshine Velvet has developed a strong wide network of distributors at major Indian locations in Gujarat, Maharashtra, Delhi, Rajasthan and Haryana and has overall built a wide base of clients over time, which includes exporters as well as.

 

 

After conducting an in-depth research and investigation, Sunshine Velvet represented by R K Dewan & Co approached the Delhi High Court seeking permanent injunction to restrain the continuous Trademark Infringement and passing off of its goods under the mark “Saanchi Velvet”. Subsequently, the Hon’ble Court of Mr. Justice Amit Bansal, vide Order dated 16.01.2023 granted an ex-parte ad-interim injunction in favour of M/s. Sunshine Velvet, restraining Mr. Ramesh Kumar Jeevraj Luniya and others from using the trademark and trade name “Saanchi Velvet Fabrics” and also directed him to take down the sign board bearing the infringing tradename.

Further, the Hon’ble Court was pleased to appoint a Local Commissioner to search and seize all the infringing products/ velvet fabrics bearing the trademark “"/Saanchi Velvet Fabrics” and/ or any other mark either identical or deceptively similar to that of the M/s. Sunshine Velvets aforesaid mark along with any packaging material, labels, blocks, dies etc. and make an inventory of the same.

The Local Commissioner successfully conducted investigations at two different locations in Gujarat, India and took charge of 138 velvet fabric rolls bearing the infringing mark “Saanchi Velvet Fabrics” along with the books of accounts, GST returns for the year 2018 to 2021 from both the premises of infringers.

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IPR Quiz

1.

This Symbol forms a background for the following mark:

a. Lipton

b. Lays

c. Doritos

d. Chipotle

 

2.

This symbol represents:

a. WWF

b. Food Panda

c. The New York Zoo

d. Pandora

 

(Scroll below for answers.)

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Stories behind Brands – Chanel No.5

Brands are more than just a name or a logo; they embody a story and a legacy that have been built over time. Behind every brand, there is a rich history and a unique set of circumstances that have shaped its identity and contributed to its success. These background stories have become an integral part of the brand, and they serve as an essential tool for building brand loyalty and connecting with customers. There are various brands that you think you know about, but do you really know them? In this article we will be telling you unknown stories behind the known brands.

*We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only.

 

From Russia with Love

Chanel No.5 perfume is one of the most iconic fragrances in the world, and its origin story is just as intriguing. The perfume was launched in 1921 by the legendary fashion designer Coco Chanel, who was inspired by her desire to create a scent that would embody her vision of modern femininity.

But did you know that Chanel No.5 has a deep connection with Russia and soap?

It all begins with French couturier, Gabrielle Bonheur "Coco" Chanel's love affair with a Russian aristocrat, Grand Duke Dmitri Pavlovich. The two met in Paris in the early 20th century and quickly fell in love.

Around this time, Coco wanted to create a layered scent that unfolds with time and doesn’t wither away fast, but she was struggling to find a perfumer who could achieve this, as the only way to create fresh fragrances at the time was to use citrus scents such as lemon, bergamot, and orange. These scents were charming but didn't last on the skin.

Hence, Pavlovich introduced Coco to a Russian chemist and perfumer Ernest Beaux, who was a master of his craft. He was known for his meticulous attention to detail and his ability to create complex and layered scents. Beaux worked for the Russian royal family and lived in Grasse, the centre of the perfume industry. Beaux was a curious and daring craftsman who took up Chanel's challenge to create a fragrance that would embody freshness. Beaux spent several months perfecting the fragrance and eventually presented Chanel with 10 samples numbered one to five and 20 to 24. Chanel tested all but settled at number 5, and the rest is history.

However, what was special about sample number 5, and why Coco chose it amongst all is also an interesting story.

The secret to Chanel No.5's success lies in the use of aldehydes, a class of organic compounds that are commonly used in perfumery to give fragrances a clean, soapy smell. Beaux had added a large amount of aldehydes to sample number 5 to create a scent that was fresh and modern. The use of aldehydes was a breakthrough in perfumery, as they allowed perfumers to create fragrances that were both fresh and long-lasting.

Coco chose it over the others as sample number 5, as it had a soapy smell because of the high concentration of aldehyde. This soapy smell reminded her of her childhood, when she would help her mother, who was a laundress, and the scent of soap and clean laundry was a constant presence in her childhood days and was deeply ingrained in her memory. The scent was both familiar and modern, and it perfectly captured Chanel's vision for a perfume that would embody modern femininity.

The perfume was an instant hit, and it quickly became a symbol of luxury and sophistication. It was worn by most famous women in the world, including Marilyn Monroe. Today, Chanel No.5 remains the most beloved fragrance in the world. It has inspired countless imitations and has become a cultural icon in its own right. However, the story of its origin is a reminder, that even the most glamorous and luxurious things can have humble beginnings. It is also a testament to the power of collaboration and the importance of paying attention to even the smallest details when creating something truly special.

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From India to the World – Rhinoplasty

Ancient India has made significant contributions to the world in various fields, including mathematics, science, philosophy, and spirituality. Many of these contributions have had a profound impact on the world. For example, the concepts of zero and the decimal system, which were developed in ancient India, are now used in mathematics and accounting around the world. The practice of yoga, which originated in ancient India, has become a popular form of exercise and stress relief in the Western world. While concepts of Zero, Yoga and Ayurveda are perhaps better known contributions from India, there are some lesser known contributions from India that have gained global recognition. In this article, we will be telling you about these lesser known contributions of India to the world.

According to the statistics of 2021, there was a 19.3% overall increase in procedures performed by plastic surgeons with more than 12.8 million surgical, and 17.5 million non-surgical, procedures performed worldwide. But do you know about the roots of plastic surgery more particularly rhinoplasty and where it was first performed?

 

The Origin of Rhinoplasty

 

During the third Anglo-Mysore war in 1792 between the East India Company and Tipu Sultan of Mysore, Cowasjee, a bullock-cart driver and four other British soldiers were taken prisoners by the Sultan at Seringapatam, Karnataka. Mutilation of body parts was a punishment frequently awarded by the rulers for crimes ranging from theft, arson, adultery, murder, or those against the State. As a punishment for being a traitor, their noses were cut off as a mark of humiliation. For nearly a year, these soldiers went without a nose until Sir Charles Malet, a British minister in the Peshwa court at Poona, came across an oilcloth merchant with a feeble scar on his nose.

The merchant explained that his nose had been amputated as a punishment for adultery and was later rebuilt by a Poona potter using his forehead skin. Thereafter the potter recommended by the oil-cloth merchant to reconstruct the noses of Cowasjee and the other four soldiers was summoned. The potter explained that such nasikasadhana art had been practised in complete secrecy and passed down from generation to generation within a single family by referring to the first principles of plastic surgery which were articulated by Sushruta (known as the Father of Plastic Surgery). In his treatise Sushruta Samhita in 600 BCE, Sushruta described over 300 surgical procedures and about 120 surgical instruments all of which were his own inventions.

Cowasjee’s nasal reconstruction by the potter was witnessed by Mr. Thomas Crusoe and Mr. James Findlay, two British physicians from the Bombay Presidency. Ten months later, Cowasjee’s portrait depicting the successful surgery was painted ten months later, in January 1794, by the British painter James Wales. In January 1795, the surgical procedure was published as “A Singular Operation,” and Cowasjee’s portrait appeared alongside the article.

 

*We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only”.

Cowasjee’s nasal reconstruction procedure which was practised for generations in India became popular as the “Indian Nose” among the surgical circles all over the world, and brought recognition to India as the birthplace of plastic surgery.

The case is significant because it is one of the rarest in medical history where the patient was popularised more than the surgeon. The British attempted to prove to the world that they took good care of their soldiers and concealed the name of the surgeon-potter, except the fact that he stayed at a location about 400 miles from Pune ensuring that India did not get its due recognition. Despite several modifications since then, the procedure is still the best method of nose reconstruction and laid the foundations of the present-day rhinoplasty.

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IPR Quiz Answers

1. b. Lays

2. a. WWF

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