Inventive Step of an Invention Analysed
This post examines the Green Cross Holdings case, where the Indian IPAB upheld the rejection of a patent application for lacking inventive step. The analysis highlights legal standards…
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Domain Names, Email or Private Communication as Proof of Trademark Use
This post discusses whether domain names, emails, or private communication can constitute valid proof of trademark use. It reviews relevant legal guidelines and highlights exceptions where such evidence…
“Digital Infringers, Beware of the Goonda Act!”
Karnataka’s amended Goonda Act now covers digital offenders, allowing preventive detention for IT and copyright-related activities. The legal community has expressed concern over the law’s scope and the…
Intellectual Property Protection for Computer Programs – Part IV
This post explores software patent protection in India, comparing it to copyright law and analysing the legal complexities involved. It provides an objective assessment of the scope, benefits,…
Fair Use vs. Copyright Infringement
This post analyses key legal cases that shaped the debate on fair use versus copyright infringement, focusing on transformative use in art. It highlights how courts have interpreted…
Patentability of Laws of Nature
This post analyses the Mayo v Prometheus case and its impact on the patentability of laws of nature in the US. It explains the judicial reasoning that established…
Father of the Electronic Idiot Box
This post examines Philo Farnsworth’s foundational contributions to electronic television, exploring his patent achievements and the resulting legal battles. It analyses the significance of his work in shaping…
Post-dating Patent Applications
This post addresses the process and legal implications of post-dating patent applications in India. It highlights statutory provisions, judicial interpretation, and practical risks associated with shifting the priority…
Alice vs. CLS saga
The Alice vs. CLS case significantly influenced the landscape of software patent protection in the US, particularly for financial technologies. It raised critical questions about the patentability of…
Prosecution History E’stop’pel!
This post discusses prosecution history estoppel and its influence on the doctrine of equivalents, using the Felix v. Honda case to highlight key legal implications. It underscores the…
Dr. Jonas Salk – The True Humanitarian
Dr. Jonas Salk developed the polio vaccine and chose not to seek a patent, enabling worldwide access and saving millions of lives. His humanitarian approach set a precedent…
Evidence Required to Determine Well Knownness of a Trademark – Part III
This post discusses the types of evidence required to establish a trademark as well known in India. It analyses the value of registration certificates, sales turnover, invoices, and…