Patent Claims | Intellepedia

Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

The Delhi High Court has clarified that divisional applications under the Patents Act must not exceed the scope of the parent application and require plurality of inventions in the original claims. This decision reinforces the primacy of claims in determining the scope of patent protection.

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.

Claim Drafting – Transitional Phrases

This post analyses transitional phrases in claim drafting, examining their impact on whether a patent claim is open, partially open, or closed. It references key case law and offers practical guidance for selecting appropriate transitional language in different technical fields.

Claiming with a Purpose, with the Blessings of the Inventor

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.

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 impact claim interpretation and the scope of patent protection.

Interesting patents, Stupid Patent, Patent Licensing, Buying Patents, Gene Editing, Qualcomm v. Apple, Working of Patents, Patent Claims and more

This article examines Indian patent trends, notable litigation, and patent licensing issues. Expert analysis covers recent government initiatives, key court cases, and practical patent drafting tips.

Patent Law-Basics of Patent Process- A PPT by Somashekar Ramakrishna at NLSIU

The following presentation was delivered by Mr. Somashekar Ramakrishna, Partner BananaIP Counsels, at National Law School of India University, Bangalore (NLSIU), as a part of...

Prosecution History Estoppel

The doctrine of prosecution history estoppel shapes how patent claims are interpreted following amendments made during prosecution. This analysis covers its application in India, focusing on the challenges it presents for patentees and practitioners.

Is Criteria to Determine Obviousness in Patent Still Ambiguous?

The post discusses the persistent ambiguity in the legal criteria for determining obviousness in patent matters. It assesses recent judicial trends and the impact of landmark cases like KSR v Teleflex, noting the continued subjectivity in evaluating inventive step in India.