Indian Patent Law | Intellepedia

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.

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.