Compulsory licensing is a provision in the Indian Patents Act, 1970 that allows the government to grant licenses to third parties to manufacture and sell a patented product or process without the consent of the patent holder. This provision is aimed at ensuring that essential… Read More »Compulsory Licensing In India
Introduction The ownership rights of artificial intelligence (AI) and humans is a complex and evolving issue that involves both legal and ethical considerations. At the heart of the issue is the question of who owns the intellectual property created by AI. In some cases, the… Read More »What Are Some Potential Effects of ChatGPT on Intellectual Property?
Patents and Trade secrets can theoretically coexist. This is because the former can protect patentable inventions while the latter can protect the wealth of crucial ancillary knowledge that goes along with such inventions. As a result, there is a synergistic combination that ensures nearly impervious… Read More »Can An Invention Be Protected By Both Patents and Trade Secrets?
Last week, we looked into how the proposed decriminalization bill affects copyrights, trademarks and geographical indications. Let’s now look into how it will affect patents, and the larger consequences of the law. Patents The Patents Act in India serves a more holistic role in economic… Read More »India’s Decriminalization Bill and What It Means For IP (Part II)
Application software or apps, programs designed to help customers perform specific tasks or activities, are a huge part of our life today. We can access thousands of apps through our mobile phones for any number of purposes from entertainment to childcare to business. On average,… Read More »How Can IP Protect Mobile Apps?
A key question that confronts participants in any disruptive and innovative industry is that of intellectual property (IP) protection. Software is no exception. Multiple IP routes, e.g., copyrights, patents, and trade secrets, are available for protecting software, but the appropriate choice is not always automatically… Read More »Can We Use IP to Protect Software?
Filing and applying for a patent is an exhaustive and expensive process which requires intense research development and expenditure. This means that if the application gets rejected by the patent office, it tends to sting. Particularly so if the application is rejected without the Patent… Read More »Can the IPO Raise New Objections During the Patent Hearing?
Herbal medicines include herbs, herbal materials, herbal preparations and finished herbal products that contain active parts of plants, other plant materials, or combinations. Such drugs lack originality and are not patentable per se. But, what would happen when it is a new combined drug or involves a new process?
To begin with, the simple answer to this question is no. You cannot get a worldwide patent. Let’s explain things in more detail. Patent rights are always jurisdictional rights, which means that they vary from territory to territory. For example, if you want… Read More »Can You Get A Worldwide Patent?
We have made a whole lot of content relating to how important IP is and how protecting it can help you gain monetary value from your intellectual creations. However, many IP owners still make very common mistakes regarding their intellectual property. The first… Read More »5 Mistakes Commonly Made by IP Owners
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