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.
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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.
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