Patent Eligibility | Intellepedia

Patentability 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.

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.

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.

Patenting Software-related Inventions

This post analyses recent US legal decisions shaping software patent eligibility, focusing on the Alice test and key Federal Circuit rulings. It offers practical insights into how software inventions can meet patent requirements under evolving judicial standards.

Enfish, LLC v. Microsoft Corporation : A Victory For Software Patents

The Enfish v Microsoft judgment signals a positive shift for software patent eligibility under US law. By recognising a specific technical improvement, the Federal Circuit provided clarity on the abstract idea doctrine and its application to computer-implemented inventions.

What you need to know about Patent filing

This article outlines the key steps and requirements for patent filing in India. It covers eligibility, filing timelines, and necessary documents, providing a clear understanding of the patent application process. The information is presented objectively and is based on Indian legal standards.

Gene Sequences and Patents: Australian High Court Narrows Scope

The Australian High Court has narrowed the eligibility of gene patents, particularly concerning isolated DNA sequences in the BRCA1 case. This analysis explores the legal reasoning, statutory interpretation, and global impact on biotechnology patent law, following similar US Supreme Court decisions.

Laws of Nature / State of Art Interface

This post explores how the laws of nature exclusion shapes patent eligibility, especially in biotechnology. It discusses key judicial decisions and the impact of state of the art on the scope of this legal doctrine.