In a recent decision, the Calcutta High Court upheld an appeal filed by BTS Research International Pty Ltd (“BTS”) challenging the rejection by the Assistant...
Read more about Hybrid Cell Inventions: Section 3(j) of the Patents Act Does Not ApplyTag: Patent Eligibility
Madras High Court Affirms Rejection of AI-Integrated Persona Patent
The Madras High Court dismissed an appeal challenging the rejection of a patent application for AI-integrated persona augmentation. The Court ruled that the invention lacked sufficient technical detail, inventive step, and patent-eligible subject matter under the Patents Act. It upheld the Controller’s decision, emphasizing the absence of tangible technical effects and clear disclosure requirements.
Read more about Madras High Court Affirms Rejection of AI-Integrated Persona PatentEngineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.
The Madras High Court overturned the Indian Patent Office’s decision to reject Imclone’s patent application for a monoclonal antibody to treat metastatic bone cancer. The Court disagreed with the Patent Office’s view that the antibody was merely “discovered in nature” and not an invention.
Read more about Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.Patent Filing Essentials
This post summarises the key requirements for filing a patent in India, including eligibility, timing, and procedural steps. It highlights essential documents and legal considerations for inventors seeking patent protection.
Read more about Patent Filing EssentialsPatentability of Laws of Nature
This post analyses the Mayo v Prometheus case and its impact on the patentability of laws of nature in the US. It explains the judicial reasoning that established the requirement of an innovative step beyond the mere application of natural laws for patent eligibility.
Read more about Patentability of Laws of NatureAlice vs. CLS saga
The Alice vs. CLS case significantly influenced the landscape of software patent protection in the US, particularly for financial technologies. It raised critical questions about the patentability of abstract ideas and has shifted industry standards and legal strategies.
Read more about Alice vs. CLS sagaThe Gene Returns to its Body
Judge Sweet’s landmark ruling held that isolated gene sequences and their analysis are not patentable under US law. This decision invalidated key BRCA gene patents and marks a significant shift in the legal approach to biotechnology patents in the United States.
Read more about The Gene Returns to its BodyPatentability 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.
Read more about Patentability of New Form, Use or Property – Section 3(d)Diamond v. Chakrabarty, 447 U.S. 303 (1980)
The Supreme Court in Diamond v. Chakrabarty held that human-made microorganisms are patentable under Section 101 of the Patent Act. The case clarified that patent eligibility depends on human ingenuity rather than the living or nonliving status of the invention.
Read more about Diamond v. Chakrabarty, 447 U.S. 303 (1980)Understanding Software Inventions in India and US
The post examines software patentability in India and the US, focusing on statutory exclusions, recent guidelines, and case law. It discusses current standards and the ongoing evolution of legal interpretations for computer-related inventions.
Read more about Understanding Software Inventions in India and US