Introduction For those working in an industry where inventions are commonly patented, patent trolls tend to be a problem. Patent trolls are aggregators of patented inventions which are broadly worded and not generally in use. These inventions mostly exist as a vehicle to sue and… Read More »What is Patent Insurance?
Introduction The Novartis case was a landmark 2013 judgement in Indian Patent law. In it, the Supreme Court of India prevented the evergreening of the patent on a lifesaving drug. Novartis famously set a precedent of what constitutes invention and the prospects of patentability of… Read More »Case Note: Novartis AG vs Union Of India & Ors.
Introduction In India, there are 3 conditions to be satisfied by an invention, for the grant of patent rights. These conditions are known as the “Trinity of Patentability”- Novelty (newness) Non-obviousness (exhibits sufficient inventive step) Industrial Applicability (Usefulness) Novelty means ‘new (invention or technology) as… Read More »What is Novelty in Patents?
Introduction India has recently emerged as a leader in different areas of focus such as operating system platforms, network management, banking, insurance, health care, manufacturing, and so on. With software development in India on such a massive scale, there is a strong need for IPR… Read More »How Can You Protect Software in India?
Introduction A patent is granted to the inventor over his invention, allowing him/her to control the production, use, sale and purchase and import of the patented invention. A patent granted to the patentee prohibit others from reproducing, selling, purchasing, using and importing the patented invention,… Read More »How Do You Deal With a Lapsed Patent?
Introduction TRIPS stands for agreement on Trade-Related Aspects of intellectual property rights. It is a multilateral agreement between the member states of the World Trade Organisation (WTO) for the protection of intellectual property rights and their recognition across jurisdictions. The TRIPS agreement inhibited unethical trade… Read More »Have TRIPS Flexibilities Made Medicine More Accessible?
Introduction A tax is a compulsory fee or financial charge levied by a government on an individual or an organization to raise revenue for public works. According to Institute of Company Secretaries of India (ICSI) in their study module on IPR- Law and Practice for… Read More »How Do You Tax A Patent?
Why Is This Case Under Discussion? Recently, The Supreme Court of the USA declined a writ petition filed by American Axle and Manufacturing (AAM) in a bid to revive its patented technology for quieting driveshaft noise. Such rejection was quite unexpected, especially since the SC… Read More »Case Note: American Axle & Manufacturing, Inc., v. Neapco Holdings LLC (2022)
Patentability Requirements in India A patent is an exclusive right granted to the original inventor for his invention. The invention can be a process or a product. Section 2(1) (j) of the Indian Patents Act, 1970 defines an ‘invention’ as any new product or process which involves an inventive… Read More »Patentability Requirements in India, the USA, and the EU
What Exactly is Happening Here? Nokia currently holds the rights to Standard-Essential Patents in the German market for UI/UX designs. In November 2018, it was reported that a multi-year patent licensing agreement had been signed between Oppo and Nokia. There was no disclosure about the… Read More »Why Did Oppo and OnePlus Phones Get “Banned” in Germany?
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