Patents | Intellepedia

Bajaj-TVS Litigation

The Bajaj-TVS litigation explores the complexities of enforcing patent rights in the Indian motorcycle industry. Courts examined the validity and scope of patents, ultimately finding the technologies distinct and lifting the interim injunction. This case provides insight into judicial reasoning in Indian patent disputes.

Ex-parte Injunction Vacated Due to Lack of Prima-Facie Case of Infringement

The Delhi High Court vacated an ex-parte injunction in a patent infringement matter, emphasising the plaintiff’s failure to establish a prima-facie case. The judgment highlights the importance of proving inventive steps and the limits of patent rights in India.

Patentability of New Form, Use or Property – Section 3(d)

Section 3(d) of the Indian Patents Act limits patentability for new forms or uses of known substances unless enhanced efficacy is proven. The Novartis case illustrates how courts interpret this provision, focusing on therapeutic efficacy rather than mere improved properties.

Who Must Pay for Appointment of Scientific Advisors? Vittal Mallya Scientific Research Foundation Vs. Indfrag Limited

The post explores a court’s decision on who must pay for scientific advisors in Indian patent cases, focusing on Section 115 of the Patents Act. It analyses the reasoning behind the judgment and comments on professional conduct during litigation.

Can use of an invention in a movie infringe a patent?

This article discusses the conditions under which using a patented invention in a movie may constitute patent infringement under Indian law. It differentiates between actual use and depiction, and addresses the exhaustion of rights.

Patent and Public Domain Balance 2 – Patentability Requirements

This article explores the essential requirements for patentability and their function in shaping the boundary between patent protection and the public domain. It discusses the influence of the TRIPS Agreement and national discretion on patent standards.

Patent and Public Domain Balance – 1

This article explores the relationship between exclusive patent rights and the public domain under Indian patent law. It discusses how incentives and access impact innovation and technological progress, and outlines the challenges in achieving the right balance.

Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

The post discusses whether patent claim amendments should be permitted during litigation, highlighting the Delhi High Court’s approach in the AGC Flat Glass case. It critically evaluates the legal and procedural implications of such amendments within the Indian patent system.

Open Source Software and Patent Risks

This article analyses the patent risks associated with open source software, focusing on legal challenges, real-world cases, and mitigation strategies. It provides practical guidance for developers and companies using OSS within the Indian legal framework.

Case Review: Garaware v. Techfeb

This case review analyses the Garware v Techfeb patent, focusing on the specification’s drafting and the relevance of prior art. The post raises questions about the invention’s novelty and examines the omission of gabion systems in the background section.