Patent Law | Intellepedia

Patentability of Laws of Nature

This post analyses the Mayo v Prometheus case and its impact on the patentability of laws of nature in the US. It explains the judicial reasoning that established the requirement of an innovative step beyond the mere application of natural laws for patent eligibility.

Father of the Electronic Idiot Box

This post examines Philo Farnsworth’s foundational contributions to electronic television, exploring his patent achievements and the resulting legal battles. It analyses the significance of his work in shaping contemporary television technology.

Prosecution History E’stop’pel!

This post discusses prosecution history estoppel and its influence on the doctrine of equivalents, using the Felix v. Honda case to highlight key legal implications. It underscores the necessity for precise claim amendments during patent prosecution to avoid unintended limitations on enforcement rights.

Dr. Jonas Salk – The True Humanitarian

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.

Denial of Opportunity to be Heard Violates Principle of Natural Justice

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.

Patently Asia – A Drug War!

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.

Non-Obviousness and the Trilogy

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.

The TSM Test and Non-obviousness

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.

Salient Features of the US Patent Reform Act 2011

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.

Intellectual Property Protection for Computer Programs – Part II

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.