Intellepedia | Page 199 of 308

Swiss Claims are History!

The EPO decision G02/08 has made Swiss type claims a thing of the past, favouring purpose-related product claims for subsequent medical indications. This post examines the legal developments and implications under current European patent law.

Something More About Swiss Type Claims

This post explores the rationale, development and eventual redundancy of Swiss type claims in patent law. It analyses legal changes in Europe and India regarding second medical use, absolute novelty and recent judicial clarifications.

Claiming with a Purpose, with the Blessings of the Inventor

The post examines the critical role of purpose-driven patent claims and stresses the need for inventor participation in the patent protection process. Effective collaboration ensures claims are commercially relevant and robust.

Public Domain in Copyright Regime: Facilitating Right to Know

This article explores the conflict and reconciliation between copyright protection and the right to know in India. It highlights the importance of fair use, legal exemptions, and judicial perspectives in ensuring access to knowledge while safeguarding creative rights.

Who’s Intellect? Who’s Property?

This article explores the evolution and application of copyright law in India, focusing on the balance between author and publisher interests. It examines fair use, statutory exemptions, and enforcement challenges, highlighting the need for stronger author protections in the Indian publishing landscape.

Copyright Limitations on Media Freedom

This post explores how copyright law both protects and limits media freedom, with emphasis on Indian and comparative legal perspectives. It analyses fair use, public interest, and key judicial decisions, highlighting the ongoing need for a balanced approach to copyright in the media sector.

Words Are All We Have – Copyrights and Writers (Part 1)

The post analyses copyright protection for writers in India, including ownership, registration, and legal rights under Indian law. Key questions around publishing agreements and enforcement are introduced for future discussion.

How Can We Encourage Inventors to Invent?

This post discusses the essential incentives that motivate inventors, including recognition, supportive work environments, personnel policies, and financial rewards. It emphasises the importance of a balanced, well-designed mechanism tailored to organisational goals and sector-specific requirements.

Designing Around Designs

This post objectively examines design infringement in India, outlining exclusive rights of design holders and the substantial similarity test. It also provides practical guidance for designers seeking to avoid infringement by designing around registered designs.

Story of an Unchallenged Patent: Certainly Uncertain

This post analyses the uncertainty inherent in interpreting patent claim scope under Indian, US, and European regimes. Despite formal clarity requirements, the true boundaries of protection remain subject to individual interpretation and litigation outcome.