Prior Art | Intellepedia

Informed Prior Art Analysis for Traditional Knowledge Based Inventions

This post analyses the challenges of prior art evaluation for traditional knowledge based inventions under Indian patent law. Dr. Kalyan discusses the importance of objective, informed assessment of novelty and inventive step, particularly when dealing with compositions derived from traditional sources. The need for evidence-based analysis over subjective objections is highlighted.

Patent Trolling : Can’t Live With, Can’t Live Without!

This article analyses patent trolling with a focus on the RIM v. NTP case and the difficulties innovators face in patent litigation. It highlights how procedural gaps between courts and patent offices enable trolls to exploit the patent system.

Can a Method of Performing Yoga be Patented?

This post discusses whether methods of performing yoga can be patented in India, considering both legal and practical barriers. It highlights the interplay between traditional knowledge and patent law, with reference to recent efforts by CSIR and specific patent examples.

Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

The Appellate Board dismissed the revocation request against Valasumani Lathe Works’ patent, finding no anticipation from prior art or abandoned applications. This decision clarifies key principles on anticipation and prior art for Indian patent law.

Case Review: Garaware v. Techfeb

This case review analyses the Garware v Techfeb patent, focusing on the specification’s drafting and the relevance of prior art. The post raises questions about the invention’s novelty and examines the omission of gabion systems in the background section.

Patent Search, Keyword Search and Semantic Searches: An Introduction

The article examines the differences between keyword and semantic searches in patent search practices. It highlights the importance of using both methods to ensure a comprehensive and accurate prior art analysis.

Prosecution History Estoppel

The doctrine of prosecution history estoppel shapes how patent claims are interpreted following amendments made during prosecution. This analysis covers its application in India, focusing on the challenges it presents for patentees and practitioners.

Is Criteria to Determine Obviousness in Patent Still Ambiguous?

The post discusses the persistent ambiguity in the legal criteria for determining obviousness in patent matters. It assesses recent judicial trends and the impact of landmark cases like KSR v Teleflex, noting the continued subjectivity in evaluating inventive step in India.

Laws of Nature / State of Art Interface

This post explores how the laws of nature exclusion shapes patent eligibility, especially in biotechnology. It discusses key judicial decisions and the impact of state of the art on the scope of this legal doctrine.