201 articles
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…
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…
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…
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…
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,…
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…
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…
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…
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…