Indian Patent Law | Intellepedia

Assessing Patent Risks in India

This post examines the essential steps for assessing patent risks in India, focusing on infringement analysis and the tests for equivalence. It also considers the relevance of exemptions and the need for detailed, technology-specific evaluation in patent matters.

Patent Infringement Analysis or FTO Analysis in India – Challenges

The post analyses the unique challenges of patent infringement and FTO analysis in India, particularly due to limited online patent data. It highlights the risks involved and the need for improved Indian Patent Office resources.

Temporary Injunction Cases

This post examines two landmark Indian cases where courts declined temporary injunctions in patent infringement suits. The judgments clarify the principles guiding interim relief, including the need for a prima facie case and a favourable balance of convenience.

Temporary Injunction: Mariappan Vs. A.R. Safiullah

This post analyses the Mariappan vs AR Safiullah case on temporary injunctions in Indian patent disputes. The court scrutinised inventive step and the requirements for interim relief, ultimately denying the injunction due to lack of prima facie validity.

Temporary Injunction: J. Mitra Vs. Kesar Medicaments

In J. Mitra Vs. Kesar Medicaments, the Court examined criteria for granting a temporary injunction in a patent infringement suit. The analysis considered patent validity, infringement, and the balance of convenience, ultimately favouring interim relief for the patent holder.

Temporary Injunction: Manika Thevar Vs. Star Plough Works

This post discusses the denial of a temporary injunction in Manika Thevar Vs. Star Plough Works, focusing on patent validity and the criteria for interim relief in Indian patent law. The Court’s analysis highlights the importance of a prima facie case and the impact of recent patents facing validity challenges.

Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

The Appellate Board dismissed the revocation request against Valasumani Lathe Works’ patent, finding no anticipation from prior art or abandoned applications. This decision clarifies key principles on anticipation and prior art for Indian patent law.

Aktiengesellschaft Vormals Meister Lucius & Bruning a Corporation etc.Vs Unichem Laboratories

This post provides a detailed analysis of the Tolbutamide patent infringement case between Aktiengesellschaft Vormals Meister Lucius & Bruning and Unichem Laboratories. It discusses the Court’s interpretation of patent claims and the implications for Indian pharmaceutical patent litigation.

Laxmi Dutt Roop Chand Vs. Nankau

This case evaluates a patent infringement dispute concerning hollow ware manufacturing processes in India. The Court compared both parties’ methods, ultimately finding no infringement due to significant procedural differences.

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.