Scope of Government Use Exemption in India
The Delhi High Court clarified that government use exemption under Section 47 of the Patents Act includes manufacture by private parties on behalf of the government. This analysis…
Patents
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Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries
Bishwanath Prasad Radhey Shyam vs Hindustan Metal Industries established the standard for inventive step and novelty in Indian patent law. The Supreme Court's reasoning remains central to assessing…
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…
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…
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…
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…
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,…
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…
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,…
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…