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.
Read more about Post-dating Patent ApplicationsAlice 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.
Read more about Alice vs. CLS sagaProsecution History E’stop’pel!
This post discusses prosecution history estoppel and its influence on the doctrine of equivalents, using the Felix v. Honda case to highlight key legal implications. It underscores the necessity for precise claim amendments during patent prosecution to avoid unintended limitations on enforcement rights.
Read more about Prosecution History E’stop’pel!Dr. Jonas Salk – The True Humanitarian
Dr. Jonas Salk developed the polio vaccine and chose not to seek a patent, enabling worldwide access and saving millions of lives. His humanitarian approach set a precedent in medical innovation and public health.
Read more about Dr. Jonas Salk – The True HumanitarianEvidence Required to Determine Well Knownness of a Trademark – Part III
This post discusses the types of evidence required to establish a trademark as well known in India. It analyses the value of registration certificates, sales turnover, invoices, and advertising material, explaining the legal standards for each. The post also highlights best practices for documentary proof in trademark proceedings.
Read more about Evidence Required to Determine Well Knownness of a Trademark – Part IIITesla’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.
Read more about Tesla’s Open Source Patent SagaPanacea 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.
Read more about Panacea of the People for More than Two CenturiesExclusive 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.
Read more about Exclusive Marketing Rights and Stronger Patent RegimeChapter 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.
Read more about Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?Too much Success is Not Always Good: A Look at Genericization of Trademarks
The article explores how excessive success of a trademark can lead to its genericization, undermining its legal protection. It analyses Indian and international legal frameworks and provides notable examples to illustrate the risks for brand owners.
Read more about Too much Success is Not Always Good: A Look at Genericization of Trademarks