Indian Patent Law | Intellepedia

Pharmaceutical Regulatory Data Protection in India

This article analyses regulatory data protection in India under TRIPS and domestic law. It discusses the balance between originator protection and access to generic medicines, highlighting the implications for public health and the pharmaceutical industry.

Patent Application Naming AI as Inventor in India – Dr. Kalyan C. Kankanala opposes Stephen Thaler’s Patent application

Dr Kalyan C Kankanala has opposed Stephen Thaler’s Indian patent application that names AI as the inventor. The post analyses the legal position of AI inventorship under Indian patent law and highlights key arguments presented in the opposition.

Can you revive abandoned/lapsed patents and patent applications in India?

This article explores when and how abandoned or lapsed patents and patent applications may be revived in India, referencing key court decisions. It provides practical legal insights on intent, deadlines, and the scope for extensions under extraordinary circumstances.

Principles for filing Divisional Patent Applications in India

This post reviews the legal principles for filing divisional patent applications in India, focusing on the requirement for a plurality of inventions in the parent application’s claims. It provides an analytical overview of recent court decisions and statutory provisions governing the process.

CASE BRIEF : European Commission vs. Union of India

This case brief discusses the Delhi High Court’s decision in European Commission vs Union of India regarding the restoration of patent applications deemed abandoned due to procedural lapses. The judgment underscores the importance of judicial discretion in exceptional circumstances under Indian patent law.

Hinged and Immobilized Differently, but Infringes Patented Dolly

The Delhi High Court ruled on a patent infringement dispute involving a self-propelled dolly for vehicle transfer in car parks. The Court found infringement despite technical differences and clarified the scope of parallel import exemptions under Indian patent law.

Recap 2021- Indian Patent Case Laws

This post analyses major Indian patent case laws from 2021, with a focus on Delhi High Court decisions involving interim injunctions and pharmaceutical patents. It offers an objective summary of key judgments relevant to patent infringement and validity in India.

Latest Patent Cases in 2021 – Part 3

This article examines recent patent litigation before the Delhi High Court, highlighting cases involving Novartis and Sulphur Mills in 2021. It discusses key judicial findings on patent validity, scope, and interim injunctions in Indian pharmaceutical and agricultural sectors.

Latest Patent Cases in 2021 – Part 2

This article summarises pivotal Delhi High Court decisions on patent disputes in 2021, particularly involving pharmaceutical products. The analysis covers interim injunctions and key arguments in Indian patent litigation.

After Natco, Bajaj Healthcare files compulsory license against Eli Lilly; EPO Enlarged Board of Appeal issues decision on ‘double patenting’ and more

Bajaj Healthcare has applied for a compulsory license against Eli Lilly for Baricitinib, citing affordability concerns. The post also covers the EPO’s decision on double patenting, updates from the IP5 meeting on AI patents, and new initiatives by WHO, WTO, and WIPO.