Patents | Intellepedia

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.

Panacea of the People for More than Two Centuries

This post analyses the rise and regulation of patent medicines, trademarked drug compounds popular in the 18th and 19th centuries. It examines their societal impact, the dangers they posed, and the subsequent legal reforms that shaped modern pharmaceutical regulation.

Exclusive Marketing Rights and Stronger Patent Regime

This post examines India’s transition to a TRIPS-compliant patent regime, focusing on Exclusive Marketing Rights and the Mailbox Provision. It outlines legislative changes that facilitated the shift from process to product patents and clarifies the distinct role of EMRs during this period.

Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?

This post examines compulsory licensing in India, with emphasis on the local working requirement and its interpretation under Indian patent law. It discusses the legal debates surrounding the TRIPS agreement and the impact on pharmaceutical patents. The analysis is grounded in recent case law and policy submissions.

Cross-Border Patent Protection

Patent protection is territorial, so applicants must file in each country where rights are needed. This post outlines routes for cross-border patent protection, including direct filing, Paris Convention, and PCT processes, with a focus on legal requirements and cost considerations.

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.

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.