Patent Law | Intellepedia

Bilski’s Invention Falls, Business Methods Survive

The Supreme Court’s Bilski decision clarified that business method patents are permissible under US law and not excluded by 35 USC 101. However, the Court declined to set clear guidelines, leaving the distinction between business methods and abstract ideas unresolved.

IP in Everyday Life – Aircraft Seat Belts

The post examines the patent protection of aircraft seat belts, focusing on Am-safe Inc’s innovation in webbing adjusters. It highlights the significance of such patents in passenger safety and the broader impact of IP rights in everyday life.

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.