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Tag: Indian Patent Law

Can a Method of Performing Yoga be Patented?

Author: Intellepedia
November 30, 2018
Intellectual Property, Patents

This post discusses whether methods of performing yoga can be patented in India, considering both legal and practical barriers. It highlights the interplay between traditional knowledge and patent law, with reference to recent efforts by CSIR and specific patent examples.

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IP in Everyday Life – Godrej Tribolt

Author: Intellepedia
November 29, 2018
Intellectual Property, Patents

This post analyses the IP notices on the Godrej Tribolt lock, focusing on its patent notice and compliance with Indian law. It also addresses challenges in accessing related patent and design registration documents online.

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Claiming with a Purpose, with the Blessings of the Inventor

Author: Intellepedia
November 27, 2018
Intellectual Property, Patents

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.

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Something More About Swiss Type Claims

Author: Intellepedia
November 27, 2018
Intellectual Property, Patents

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.

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How Can We Encourage Inventors to Invent?

Author: Intellepedia
November 26, 2018
Intellectual Property, Patents

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.

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Assessing Patent Risks in India

Author: Dr. Kalyan Kankanala
November 7, 2018
Intellectual Property, Patents

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.

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Patent Infringement Analysis or FTO Analysis in India – Challenges

Author: Intellepedia
November 7, 2018
Intellectual Property, Patents

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.

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Temporary Injunction Cases

Author: Intellepedia
November 6, 2018
Intellectual Property, Patents

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.

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Temporary Injunction: Mariappan Vs. A.R. Safiullah

Author: Intellepedia
November 1, 2018
Intellectual Property, Patents

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.

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Temporary Injunction: J. Mitra Vs. Kesar Medicaments

Author: Intellepedia
October 31, 2018
Intellectual Property, Patents

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.

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