Patent Rights | Intellepedia

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The Calcutta High Court has upheld the constitutional validity of the 20-year patent term from the date of filing under Section 53 of the Patents Act. The judgment clarifies the legislative scheme and confirms there is no inconsistency or arbitrariness in the provision.

Threatened Co-existence of Breeders Rights and Patent Rights

This post analyses the threatened co-existence of breeders rights and patent rights in plant innovation law. It discusses the lack of breeders exemption in patent law and the resulting challenges for researchers and breeders. Legal and practical solutions are evaluated within the Indian and international context.

Patent Publication In India

The post provides a thorough examination of patent publication procedures in India under the Patent Act. It covers standard and early publication, legal effects, and the role of official gazettes, maintaining a clear and analytical approach.

Patent Exhaustion in India

Patent exhaustion in India limits a patent holder’s rights after the first authorized sale of a product, especially regarding parallel imports. The legal interpretation of authorization is crucial in balancing public and patent holder interests under Indian patent law.

Patent Infringement Analysis – Presentation by Dr. Kalyan C. Kankanala at UPES School of Law

This presentation is part of the 'Patent Law and Practice Program' being taught by BananaIP Team at UPES School of Law to B.tech-LLB Students. This...

Can Patents Be Extensible Beyond 20 Years?

This article explores whether patents may be extended beyond 20 years, focusing on the USPTO’s Patent Term Adjustment provisions. It outlines how certain delays can lengthen the effective monopoly period and discusses key legal requirements.

Working of Patents – A Workable Proposition?

This article critically examines the working of patents in India, focusing on statutory requirements, compulsory licensing, and judicial interpretations. It discusses both commercial and non-commercial working, highlighting the practical complexities faced by patentees under the Indian Patents Act.

Misunderstood World of Patents!

This article analyses common patent myths and clarifies key aspects of patent law in India. It offers insights on patent eligibility, enforcement, and the importance of professional advice for effective intellectual property protection.