Section 48 of the Patents Act, 1970 prescribes the rights of patentees, which on conferment of patent, vest exclusively in the patentee. In […]
Bolar Exemption in Indian Patent Law: Is Section 107A(a) an Exception or an Enabling Provision?
Patent
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 […]
Implications of post-dating provisional patent applications
A provisional application is generally filed to gain priority for a patent application, as the priority date plays a vital role in the […]
The real meaning of ‘efficacy’
In 2005 India amended the Patents Act to introduce protection for product inventions, including patents for pharmaceuticals. Section 3(d) of the Patents Act was qualified […]
On-shelf versus in-use claims
Patent claims generally include both structural and functional elements. Where a structural element is associated with a functional element, two types of association can […]