This post reviews an IPAB decision on whether combining known elements in switch gears meets the inventive step requirement in Indian patent law. The case clarifies the threshold for patentability in combination inventions.
Read more about Can Combining Contrivances Give Rise to Inventive Step? – An IPAB Case NoteTag: Inventive Step
Patentability of Biotech Inventions in Europe
This post provides a detailed analysis of the patentability of biotech inventions in Europe under the EPC and EU Biotechnology Directive. It covers exclusions, key legal requirements, and the influence of morality on patent decisions, with reference to significant European cases.
Read more about Patentability of Biotech Inventions in EuropePatentability of Biotechnology Inventions in India
The post provides a detailed analysis of the criteria for patentability of biotechnology inventions in India, focusing on statutory exclusions and legal requirements. It further outlines how industrial applicability, novelty, inventive step, enablement, and morality are assessed for biotechnology inventions under Indian law.
Read more about Patentability of Biotechnology Inventions in IndiaFrom Dress Pin to Safety Pin
Inventive step or non-obviousness is essential for patentability and is illustrated here through the development of the Dress Pin and Safety Pin. This analysis objectively examines how improvements in such inventions meet the legal requirements for patent protection.
Read more about From Dress Pin to Safety PinInformed Prior Art Analysis for Traditional Knowledge Based Inventions
This post analyses the challenges of prior art evaluation for traditional knowledge based inventions under Indian patent law. Dr. Kalyan discusses the importance of objective, informed assessment of novelty and inventive step, particularly when dealing with compositions derived from traditional sources. The need for evidence-based analysis over subjective objections is highlighted.
Read more about Informed Prior Art Analysis for Traditional Knowledge Based InventionsTemporary Injunction: Mariappan Vs. A.R. Safiullah
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.
Read more about Temporary Injunction: Mariappan Vs. A.R. SafiullahBishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries
Bishwanath Prasad Radhey Shyam vs Hindustan Metal Industries established the standard for inventive step and novelty in Indian patent law. The Supreme Court’s reasoning remains central to assessing patentability in India.
Read more about Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal IndustriesPatent 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.
Read more about Patent and Public Domain Balance 2 – Patentability RequirementsGaraware 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.
Read more about Garaware Vs TechfebAnalyzing Patentability of Inventions – A Presentation by Dr. Kalyan C. Kankanala at the UPES School of Law
This presentation is part of the 'Patent Law and Practice Program' being taught by BananaIP Team at UPES School of Law to B.tech-LLB Students. This...
Read more about Analyzing Patentability of Inventions – A Presentation by Dr. Kalyan C. Kankanala at the UPES School of Law