Patents | Intellepedia

Permission to File a Patent Application Outside India

Indian residents must secure permission from the Patent Office before filing a patent application outside India. Section 39 of the Indian Patents Act outlines the process and consequences of non-compliance. This post details the requirements and legal implications for inventors.

Restricting ‘Pay-for-Delay’ Agreements

This post discusses recent fines imposed on pharmaceutical companies for pay-for-delay agreements and examines their impact on market competition and drug pricing. It analyses regulatory measures and the ongoing debate over the balance between innovation and consumer interests.

Wacky Patents 4 – Mode-Enhanced Hindustani Music

This post analyses the Mode-Enhanced Hindustani Music patent and its proposal to expand the Thaat system using mathematical methods. It raises crucial questions about the patentability of musical creation methods under the Indian legal framework.

Section 3(ka): A Decision on a Patent Application Related to Mathematical Methods

The IPAB upheld the rejection of a patent application involving mathematical methods under section 3(ka) of the Indian Patents Act. This decision clarifies the exclusion of mathematical methods from patentable subject matter in India, aligning with recent draft guidelines.

Inventive Step of an Invention Analysed

This post examines the Green Cross Holdings case, where the Indian IPAB upheld the rejection of a patent application for lacking inventive step. The analysis highlights legal standards of obviousness and inventive step under Indian patent law, emphasizing the importance of prior art disclosure.

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.

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.