Patent laws and competition law may seem to be in conflict with each other at first glance. One of them gives inventors limited term monopoly rights, while the other is concerned with promoting the existence of a competitive market by making sure one organization deos… Read More »Vifor vs. CCI : Competition and Patent Law in India
Introduction Even after you’ve filed the papers required for application as per our last blog post, there are still plenty of steps you need to take before your patent gets granted. There are also more forms you need to file. Request for Publication – Form… Read More »Important Patent Documents Part II – Patent Prosecution
Introduction In India, the following persons can file a patent application under Section 6 (1) of the Patent Act 1970. In order to gain patent rights, one has to be ready with relevant documents and be quick in action. The following are some major documents… Read More »Important Patent Documents Part I – Patent Filing
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?
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