Patent Law | Intellepedia

Synthetic cell: Patent or No Patent?

The post explores the legal and ethical dimensions of patenting synthetic cells, referencing key historical cases and current controversies. It assesses whether such patents hinder or promote technological progress in synthetic biology.

Something More About Swiss Type Claims

This post explores the rationale, development and eventual redundancy of Swiss type claims in patent law. It analyses legal changes in Europe and India regarding second medical use, absolute novelty and recent judicial clarifications.

Story of an Unchallenged Patent: Certainly Uncertain

This post analyses the uncertainty inherent in interpreting patent claim scope under Indian, US, and European regimes. Despite formal clarity requirements, the true boundaries of protection remain subject to individual interpretation and litigation outcome.

Patent Law – Rationale and Life Cycle – A Presentation by Dr. Kalyan C. Kankanala at NLS – Bangalore

[slideshare id=123861315&doc=patentlawrationaleandlifecycle-181124123014]

Rejection of Application Based on Pre-Grant Representation May Be Appealed to IPAB

The Delhi High Court has clarified that appeals to the IPAB are permitted when a patent application is rejected based on pre-grant representation. This judgment offers clear recourse for patent applicants and settles the legal position on such appeals under Indian patent law.

Temporary Injunction – F. Hoffmann-LA Roche Vs. Cipla

The Court refused a temporary injunction in the Roche vs Cipla patent dispute, highlighting non-disclosure, validity challenges, and public interest considerations. This analysis discusses the legal principles applied and the balance between patent rights and access to essential medicines.

Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

Bishwanath Prasad Radhey Shyam vs Hindustan Metal Industries established the standard for inventive step and novelty in Indian patent law. The Supreme Court’s reasoning remains central to assessing patentability in India.

Patent and Public Domain Balance – 1

This article explores the relationship between exclusive patent rights and the public domain under Indian patent law. It discusses how incentives and access impact innovation and technological progress, and outlines the challenges in achieving the right balance.

Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

The post discusses whether patent claim amendments should be permitted during litigation, highlighting the Delhi High Court’s approach in the AGC Flat Glass case. It critically evaluates the legal and procedural implications of such amendments within the Indian patent system.

Life of a Gene in India

This analysis addresses the uncertain legal landscape for gene patents in India, with a focus on isolated and purified gene sequences. The author calls for clearer guidelines and consistent application of patent law by the Indian Patent Office.