Patents | Intellepedia

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.

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.

Patents and Olympics

This post analyses key patents impacting athlete performance at the Olympics, including GPS and RFID-based monitoring devices and genetic screening for sports potential. It presents an objective, factual overview of innovations shaping sports technology and training.

Non-Obviousness and the Trilogy

This post examines the Supreme Court’s non-obviousness trilogy and its interpretation of Section 103 in US patent law. Key concepts such as prior art and the standard of ordinary skill are analysed, with a focus on legal clarity and accuracy.

Inventive Step – Technical Advance

The post analyses an IPAB decision on the patentability of a chaos theoretical exponent value calculation system under Section 3(k) of the Indian Patents Act. It discusses the distinction between technical advance and excluded subject matter in the context of inventive step.

The TSM Test and Non-obviousness

The TSM test is crucial for determining non-obviousness in patent law by evaluating whether prior art teaches, suggests, or motivates the invention. This structured approach ensures that only inventions demonstrating a significant leap in ingenuity are granted patents under Indian law.