Intellectual Property | Intellepedia

Anticipation – Mere Presence of Elements Insufficient; Arrangement of Elements Imperative

This analysis addresses the requirement for both the presence and arrangement of claim elements in anticipation under patent law, drawing from the Net MoneyIN v. Verisign case. The Federal Circuit clarified that combining separate disclosures within a single prior art reference is insufficient to establish anticipation.

The Non-Obviousness Requirement and its Evolution – Graham vs. John Deere

This post discusses Graham vs John Deere and its importance in shaping the non-obviousness requirement under US patent law. It provides an analytical overview of the case, judicial reasoning, and ongoing relevance for patentability standards.

Common Reasons for Delay in Grant of Patent

Delays in patent grant often result from both procedural backlog and applicant inaction. This post examines key causes and recommends measures to expedite the patent examination and grant process in India.

Patents May be Relatively New to Indians, but Inventions are Not

This post highlights Mr. C T Dwarakanath’s 1971 US patent for a novel ozone-based method to reduce aflatoxin in oilseed meals. It underscores the significant contribution of Indian inventors to global agricultural innovation and reflects on the legacy of scientific excellence from India.

Were the brothers (W)right?

The Wright brothers’ patent on lateral roll control shaped early aviation innovation and led to major legal disputes. Their enforcement efforts affected US aircraft development, prompting industry-wide changes and the eventual formation of a cross-licensing pool.

Inebriated @ 8

This post discusses the Delhi High Court’s analysis of trademark rights in numerals in the liquor industry, focusing on the Carlsberg India v. Radico Khaitan case. The judgment clarifies the scope of exclusivity over numerical trademarks and trade dress.

Threatened Co-existence of Breeders Rights and Patent Rights

This post analyses the threatened co-existence of breeders rights and patent rights in plant innovation law. It discusses the lack of breeders exemption in patent law and the resulting challenges for researchers and breeders. Legal and practical solutions are evaluated within the Indian and international context.

Myriad Genetics Case : Genetic Patentability

The Myriad Genetics case examines whether isolated gene sequences are patentable or considered products of nature under US law. The Supreme Court ruled that while gDNA is not patentable, cDNA may be, marking a significant development in genetic patentability.

Demystifying the Evergreen myth

This post explores evergreening in pharmaceutical patents and how Section 3d of the Indian Patent Act limits patentability for incremental inventions. It discusses the implications for innovation, generic competition, and the evolving legal landscape in India.

Public Use Exemption for Patentability

This post analyses the public use exemption for patentability through two contrasting US Supreme Court decisions. It highlights how factual circumstances and the presence of experimental use shape the outcomes in patent law.