Intellectual Property | Intellepedia

The Right Time and Means to Publish a Patent Application

This article discusses the legal timeline and methods for publishing a patent application in India. It covers statutory requirements, exceptions, early publication, and the implications for applicants and third parties.

Denial of Opportunity to be Heard Violates Principle of Natural Justice

The IPAB set aside a patent rejection after finding that Ericsson was denied a proper opportunity to be heard. The decision reaffirms that natural justice is central to patent proceedings and applicants’ rights cannot be overlooked.

“Children, Don’t Just Invent, File Patents!”

The post celebrates Children’s Day by showcasing Sydney Dittman, a young inventor who patented an aid for disabled individuals. It emphasises the value of patenting children’s inventions and explains the legal aspects of her patented device.

Reverse Engineering is Legitimated by Reason: Sega v. Accolade

This post examines Sega v Accolade, a pivotal case on reverse engineering and copyright law. It discusses how courts balanced fair use with copyright protection, highlighting the rationale legitimating intermediate copying for functional understanding.

Batmobile – Supercar or Character?

The Batmobile copyright case explores whether this iconic vehicle is protectable as a character under US law. The dispute between DC Comics and Mark Towle highlights the intersection of copyright protection and utilitarian design in intellectual property law.

Patent War: Is the US Arm-twisting India?

This post examines the ongoing India US patent dispute, focusing on TRIPS compliance and contentious issues in pharmaceutical and software patents. It analyses whether US pressure may result in sanctions or further negotiations under international norms.

Patently Asia – A Drug War!

This post analyses Japanese patents on kratom-derived painkillers and their roots in Southeast Asian traditional medicine. It raises questions on innovation, intellectual property, and the absence of benefit sharing with traditional knowledge holders.

Wacky Patents 2 – Ouija Board

The post examines the patent history of the Ouija board, focusing on US Patent 446054 and its unique route to registration. It provides a factual, legal perspective on how the invention was defined and received in the late nineteenth century.

Indian Patent Portfolio of German Car Manufacturers

The post examines the Indian patent portfolio of major German car manufacturers, focusing on patent counts and published applications. It underscores the growing competition among overseas automotive companies in the Indian market based on recent patent activity.

Statement of Working to Compulsory Licensing – Are We Missing Something?

This post discusses whether failing to file the statement of working under Indian patent law justifies the grant of a compulsory license. It objectively analyses statutory provisions and their implications for patent holders and innovation.