In Patent Application No. 202017019068, Stephen L. Thaler named DABUS, an artificial intelligence system, as the inventor of a food container invention. The Opponent challenges that position by arguing that Indian patent law recognises only human inventors, and that an AI system cannot furnish the inventorship, entitlement, or proof of right needed to sustain a patent application.
Read more about Inventorship of AI Technologies (DABUS): Submissions of the OpponentCategory: Patents
Inventorship of DABUS in India: Can an AI System Be the True and First Inventor?
In the case of Patent Application No. 202017019068, Stephen L. Thaler sought a patent for a food container invention and named DABUS, an artificial intelligence system, as the inventor. That choice led to objections on whether an AI system can be recognised as an inventor in India, whether rights can flow from such inventorship, and whether the same issue could be raised through a pre grant opposition.
Read more about Inventorship of DABUS in India: Can an AI System Be the True and First Inventor?Patent Attorneys: From Strategic Professionals to Ordinary Vendors? The Changing Soul of India’s Patent Ecosystem
For a long time, patent attorneys occupied an important place in India’s innovation and business ecosystem because they helped companies identify protectable value, convert innovation into legal rights, and build patent portfolios capable of supporting business growth and financial success. Today, that position is changing. As artificial intelligence is reshaping patent work, cost pressures are intensifying, quality concerns are weakening, and regulatory as well as contractual burdens are increasing, the patent attorney is facing a future in which specialised professional standing is giving way to a vendor driven role. If that change continues, it will not only affect patent attorneys, but may also weaken the patent ecosystem itself and its contribution to innovation driven growth, commercialisation, and knowledge based progress.
Read more about Patent Attorneys: From Strategic Professionals to Ordinary Vendors? The Changing Soul of India’s Patent EcosystemVoicemonk Patent Prevails Over Flipkart: Innovation vs Opposition
Voicemonk Patent prevails over Flipkart in a key patent dispute, clarifying novelty, inventive step, and Section 3(k) under Indian patent law
Read more about Voicemonk Patent Prevails Over Flipkart: Innovation vs OppositionPatent Opposition Board Report: Can you challenge it before the final order?
When is a patent opposition board recommendation ripe for a writ petition, and when is it simply too soon? The Madras High Court tackled this question in a dispute between E.R. Squibb & Sons LLC and Zydus Healthcare Limited over a cancer-treatment patent, with significant implications for patent opposition board recommendation practice in India.
Read more about Patent Opposition Board Report: Can you challenge it before the final order?Breaking Beams, Breaking Records: Delhi High Court Awards ₹152 Crore in Antenna Patent Infringement Suit Against Rosenberger
The Delhi High Court upheld the validity of Indian Patent No. 240893 for asymmetrical beam antenna technology in Communication Components Antenna Inc. v. Rosenberger Hochfrequenztechnik GmbH, rejecting all revocation grounds. The court awarded ₹152 crore in patent infringement damages – could this signal a new era for patent enforcement in India?
Read more about Breaking Beams, Breaking Records: Delhi High Court Awards ₹152 Crore in Antenna Patent Infringement Suit Against RosenbergerFair Hearing First: Delhi HC Sets Aside Patent Refusal Over New Grounds in Order
The Delhi High Court has set aside the Controller of Patents’ refusal of a Wirtgen GMBH patent application, finding that new objections introduced for the first time in the final order – without prior notice – violated the applicant’s right to a fair hearing.
Read more about Fair Hearing First: Delhi HC Sets Aside Patent Refusal Over New Grounds in OrderIn Vitro Screening in Form, Diagnostic in Substance: Telomerase Therapy Patent Barred under Section 3(i)
Labeling a test as ‘screening’ doesn’t make it patentable if it decides treatment. In Geron Corporation’s case, measuring telomere length to decide who receives telomerase therapy made the method a diagnostic process, blocking its patent.
Read more about In Vitro Screening in Form, Diagnostic in Substance: Telomerase Therapy Patent Barred under Section 3(i)Speak Up or Step Aside: Bombay HC on What a Post-Grant Opposition Order Must Do
In Saurabh Arora v. Deputy Controller of Patents, the Bombay High Court set aside a post-grant patent opposition order that dismissed a challenge under Section 25(2)(c) of the Patents Act without recording a single reason. The court found complete non-application of mind in an order affecting a Cadila Pharmaceuticals patent – but will it survive a fresh look?
Read more about Speak Up or Step Aside: Bombay HC on What a Post-Grant Opposition Order Must DoSteering the divide: Steer Engineering’s divisional application denied by Court
Madras High Court upheld the refusal of Steer Engineering’s divisional patent application, affirming lack of inventive step and overlap with the parent filing.
Read more about Steering the divide: Steer Engineering’s divisional application denied by Court