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,…
Patent Law
196 articles
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…
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…
To Publish or Not: Well, it Depends!
This analysis explores whether to publish a patent application in the US, weighing legal and strategic factors. It discusses both the potential benefits and risks, emphasizing the need…
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…
State Street Bank & Trust Co. v. Sign. Fin. Group Inc., 149 F.3d 1368 (Fed. Cir. 1998)
This post discusses State Street Bank v. Signature Financial Group, a pivotal case on the patentability of data processing systems and business methods under US law. The decision…
Topliff v. Topliff, 145 U.S. 156 (1892)
Topliff v Topliff examines the legal criteria for patent reissue, focusing on scope, inadvertence, and timeliness. The court upheld the second reissue, emphasizing the need for diligence and…
Inamed Vs Lubomyr Kuzmak, 249 F.3d 1356 (Fed. Cir. 2001)
This post reviews the Inamed Vs Lubomyr Kuzmak case, focusing on personal jurisdiction in California for patent disputes. The analysis highlights how minimum contacts and due process requirements…
Paris Convention for the Protection of Industrial Property, 1883 (Revised at Stockholm in 1967)
The Paris Convention for the Protection of Industrial Property, revised at Stockholm in 1967, underpins modern international patent law. Its principles, such as national treatment and priority rights,…
Nuziveedu v. Monsanto – Patentability of Gene Sequences in India (Case Brief and Comments)
This case brief analyses the Nuziveedu v. Monsanto ruling on the patentability of gene sequences in India. The post critiques the Delhi High Court’s reasoning under Section 3j…