Patent prosecution plays an important role in determining the legitimacy of a patent, and there is a never-ending debate on what exactly comprises […]
SKILLED PERSON FOR DETERMINATION OF NON-OBVIOUSNESS UNDER INDIAN PATENT SYSTEM
Patent
Continuing uncertainty over divisional patent system
Divisional patent applications refer to patent applications that are divided out of an initially filed application (also referred as the main or parent patent […]
Decrypting the legislative intent behind the software patents ban
After becoming a party to the Agreement on Trade-Related Aspects of IP Rights (TRIPs), India significantly amended its IP laws to comply with […]
Bolar Exemption in Indian Patent Law: Is Section 107A(a) an Exception or an Enabling Provision?
Section 48 of the Patents Act, 1970 prescribes the rights of patentees, which on conferment of patent, vest exclusively in the patentee. In […]
Patent Infringement Litigation In India And Interim Injunctions: Jurisprudence On “Public Interest” Continues To Evolve!
As the patent infringement matters often involve complex technologies and huge amounts at stake, it not just requires exercise of sound judicial wisdom […]
Section 3(d) of the Patents Act: interpretation continues to remain subjective
The government has recently taken several measures to strengthen the procedure of the IP offices and make them more transparent, including by amending the Patents […]
A disclaimer to disclaim under the Indian patent system
Rahul Sharma, from LexOrbis, clarifies the rules and regulations around disclaimers under Indian Patent Law, looking at current case examples from the High […]
De-coding the law: nature of claim amendments allowed in India
Most patent applications in India are granted after amendments are made to the patent claims; there are few cases in which patent applications are […]
Compulsory licensing: law, challenges and strategies
The compulsory licensing provision is one of the most widely debated provisions of the Patents Act 1970 – both domestically and internationally – […]
Cost-cutting measures in commercial exploitation of patents in India
Commercial exploitation of patents is crucial for companies and research institutes, as significant costs can be incurred in prosecuting, maintaining and litigating patent […]