Indian Patent Law | Intellepedia

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.

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.

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.

Garaware Vs Techfeb

This post examines the Garaware vs Techfeb patent dispute, focusing on claim construction and essential features under Indian patent law. It analyses the clarity and novelty of the patent claim and outlines next steps for further legal analysis.

Claims! A Legal Fence and Public Notice

This post analyses the legal function of patent claims in India, focusing on their role as a boundary for inventor rights. It discusses how prosecution history and litigation impact claim interpretation and the scope of patent protection.

Testing Parameters for Software Patentability

This article examines the challenges in determining software patentability under US and Indian law. It proposes a balanced form and function model to address the shortcomings of current patentability tests and to promote innovation in the software sector.

Morality and Patentability of Sexual Inventions

The Indian Patent Office often raises morality objections to sexual inventions, particularly in the context of devices and aids. This post analyses such objections, the legal framework under Section 3(b), and the shift towards constitutional morality post the Supreme Court’s 377 judgment. It highlights the need for consistent and rights-based evaluation in patentability decisions.

Post Grant Opposition of Patents in India – Lecture by Dr. Kalyan C. Kankanala at UPES School of Law

Dr. Kalyan C. Kankanala discusses post grant opposition of patents in India, focusing on the legal grounds and procedure under Section 25(2) of the Patent Act. The lecture was delivered as part of the Patent Law and Practice Program at UPES School of Law.

Pre Grant Opposition of Patents in India – Lecture by Dr. Kalyan C. Kankanala at UPES School of Law

Dr. Kalyan C. Kankanala discusses the pre grant opposition of patents in India, focusing on the legal provisions and grounds available under Section 25(1). The lecture highlights the importance of the opposition process in safeguarding patent quality.