Intellectual Property | Intellepedia

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, and limitations of patent law in safeguarding computer programs.

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 these defences within the framework of copyright law.

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 the requirement of an innovative step beyond the mere application of natural laws for patent eligibility.

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 contemporary television technology.

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 date.

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 abstract ideas and has shifted industry standards and legal strategies.

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 necessity for precise claim amendments during patent prosecution to avoid unintended limitations on enforcement rights.

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 in medical innovation and public health.

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 advertising material, explaining the legal standards for each. The post also highlights best practices for documentary proof in trademark proceedings.

Tesla’s Open Source Patent Saga

Tesla’s open source patent move sparks debate on its true motivations and long-term impact. This article examines the environmental, business, and strategic angles behind Elon Musk’s decision, providing an objective analysis of its implications for the automotive industry.