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…
Indian Patent Law
201 articles
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,…
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…
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…
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…
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…
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…
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…
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…
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…