This article explores the importance of prior art search and drafting in the Indian patent process. It objectively evaluates both the benefits and drawbacks, highlighting the strategic role of prior art searches in patent filings.
Read more about Prior Art Search and Drafting PatentsTag: Patentability
Non-obviousness of Biotech Inventions in USA
This post provides an analytical review of non-obviousness standards for biotechnology inventions in the USA, referencing key Federal Circuit decisions. It discusses the evolving judicial approach and inconsistencies in applying patentability requirements to biotech innovations.
Read more about Non-obviousness of Biotech Inventions in USAPatentability of Biotech Inventions in USA – Patentable Subject Matter
This post provides an analytical overview of the patentability of biotech inventions in the USA, focusing on statutory exclusions and major judicial decisions. It explains how US courts interpret the product of nature doctrine and outlines current limitations and developments in biotechnology patent law.
Read more about Patentability of Biotech Inventions in USA – Patentable Subject MatterOnce an Intermediate, Always an Intermediate
This post examines the exclusion of patentability for new uses of known intermediates under Section 3d of the Indian Patents Act. It discusses the statutory language, its implications for pharmaceutical innovation, and whether this aligns with the broader objectives of the patent system in India.
Read more about Once an Intermediate, Always an IntermediatePatentability of scientific principles and natural relationships in the light of Laboratory Corp. v Metabolite
This article analyses the legal boundaries for patenting scientific principles and natural relationships, with a focus on the Laboratory Corp v Metabolite case. It explores US Supreme Court jurisprudence and the ongoing debate over patent eligibility in diagnostic methods and biotechnology.
Read more about Patentability of scientific principles and natural relationships in the light of Laboratory Corp. v MetaboliteSwiss Claims are History!
The EPO decision G02/08 has made Swiss type claims a thing of the past, favouring purpose-related product claims for subsequent medical indications. This post examines the legal developments and implications under current European patent law.
Read more about Swiss Claims are History!Patentability requirements – A Presentation by Dr. Kalyan C. Kankanala at NLS – Bangalore
[slideshare id=123861782&doc=patentabilityinindia-181124124503]
Read more about Patentability requirements – A Presentation by Dr. Kalyan C. Kankanala at NLS – BangaloreIs a Method of Massaging Patentable subject matter?
The post analyses whether massage methods can be patented in India, highlighting the distinction between non-medical and medical methods under Section 3(i) of the Patents Act. It references UK practice and suggests the Indian Patent Office may follow similar standards in the absence of direct precedents.
Read more about Is a Method of Massaging Patentable subject matter?Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries
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 patentability in India.
Read more about Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal IndustriesPatentability of New Form, Use or Property – Section 3(d)
Section 3(d) of the Indian Patents Act limits patentability for new forms or uses of known substances unless enhanced efficacy is proven. The Novartis case illustrates how courts interpret this provision, focusing on therapeutic efficacy rather than mere improved properties.
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