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Tag: Patent Law

Dr. Jonas Salk – The True Humanitarian

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

Dr. Jonas Salk developed the polio vaccine and chose not to seek a patent, enabling worldwide access and saving millions of lives. His humanitarian approach set a precedent in medical innovation and public health.

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Denial of Opportunity to be Heard Violates Principle of Natural Justice

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

The IPAB set aside a patent rejection after finding that Ericsson was denied a proper opportunity to be heard. The decision reaffirms that natural justice is central to patent proceedings and applicants’ rights cannot be overlooked.

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Patently Asia – A Drug War!

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

This post analyses Japanese patents on kratom-derived painkillers and their roots in Southeast Asian traditional medicine. It raises questions on innovation, intellectual property, and the absence of benefit sharing with traditional knowledge holders.

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Non-Obviousness and the Trilogy

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

This post examines the Supreme Court’s non-obviousness trilogy and its interpretation of Section 103 in US patent law. Key concepts such as prior art and the standard of ordinary skill are analysed, with a focus on legal clarity and accuracy.

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The TSM Test and Non-obviousness

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

The TSM test is crucial for determining non-obviousness in patent law by evaluating whether prior art teaches, suggests, or motivates the invention. This structured approach ensures that only inventions demonstrating a significant leap in ingenuity are granted patents under Indian law.

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Salient Features of the US Patent Reform Act 2011

Author: Intellepedia
July 25, 2019
Patents

The US Patent Reform Act 2011 brings major changes to US patent law, notably shifting to a first-inventor-to-file system and revising patent challenge procedures. It addresses business method patents, fee-setting, and litigation aspects, with important implications for inventors and enterprises.

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Intellectual Property Protection for Computer Programs – Part II

Author: Intellepedia
July 25, 2019
Copyrights, Intellectual Property, Media and Entertainment Law

This post explores the early use of trade secret law for protecting computer programs in India and its limitations. It discusses how legal and technological developments eventually necessitated a shift towards copyright protection.

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Invention that Revolutionized the Industrial Revolution!

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

James Watt’s steam engine invention significantly enhanced efficiency during the Industrial Revolution. By securing a patent and enforcing his rights, Watt contributed both to technological advancement and the evolution of patent law.

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Can there be a Patent for a Method of Patent Trolling?

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

This post explores whether patent trolling itself can be patented, focusing on a recent USPTO application. It provides a structured legal analysis of the patentability of business methods and the implications for intellectual property law.

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Crossing the Rubicon: A Fork in the Road – Go Right or Left?

Author: Intellepedia
July 24, 2019
Intellectual Property, Patents

The Supreme Court has clarified that parties cannot pursue both revocation and counter claim remedies simultaneously for the same patent under Indian law. This decision aims to prevent multiple proceedings on identical issues before different forums.

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