Patent Law india | Intellepedia

Patentability of Genetically Modified Plant Breeds: The Monsanto Conclusion

The Supreme Court of India’s Monsanto judgment addresses the complex issue of patentability for genetically modified plant breeds. By remanding the case for evidence-based adjudication, the Court reinforces procedural rigour in intellectual property disputes involving agricultural biotechnology.

Indian Patent Statistics, Interesting inventions, Monsanto patent case, AMD versus Mediatek, USPTO news, International patent news and more

This report analyses recent trends in Indian patent statistics, important inventions, and major legal developments such as the Monsanto patent case and AMD versus Mediatek. It also updates on new government policies and significant international patent news, maintaining an objective and factual perspective.

Integrating Secrecy and Exclusivity to Gain Competitive Advantage

This post explores the strategic integration of patent and trade secret protection to secure competitive advantage for inventions in India. Key factors and legal provisions are analysed to guide optimal intellectual property decisions.

A Conduit for INVALID PATENTS – Section 13(1)(b)

Section 13(1)(b) of the Indian Patent Act may inadvertently allow for the grant of invalid patents by restricting prior art consideration to only the claims of earlier Indian applications. A reconsideration of this provision is suggested to ensure more robust patent examination and to achieve the legislative intent of preventing invalid patents.

Drafting Valid Patent Licenses

This article examines the key elements of a valid patent license agreement, focusing on critical clauses and compliance requirements in India. It provides a structured overview for drafting effective and legally compliant patent licenses.

The Indian Patent Office and Secrecy Directions

The post provides an analytical overview of secrecy directions by the Indian Patent Office under the Patents Act, 1970. It explains the process, legal provisions, and implications for patent applicants, especially in the context of national interest and defence.

Patenting Inventions by Researchers in Universities

This article outlines essential legal guidelines for patenting inventions by university researchers in India. It discusses IP ownership, university policies, and the significance of correctly naming co-inventors in patent applications.

Patenting a Food Recipe?

This post analyses the patentability of food recipes in India, focusing on exclusions under section 3 of the Indian Patent Act. It explores when a food recipe may qualify for patent protection and provides relevant examples from patent classification systems.

Is a Method of Massaging Patentable subject matter?

The post analyses whether massage methods can be patented in India, highlighting the distinction between non-medical and medical methods under Section 3(i) of the Patents Act. It references UK practice and suggests the Indian Patent Office may follow similar standards in the absence of direct precedents.

Guidelines for Writing an Abstract from the Indian Patent Office

This post analyses the Indian Patent Office’s abstract guidelines, referencing the Patent Act and Rules. It explains the mandatory components, verification process, and the significance of accurate abstracts in patent searches. The discussion underscores recent procedural changes for enhanced clarity and compliance.