Public disclosure of the invention is safer than a secret use: Loopholes in the patent law
Secret use of an invention before filing a patent application could amount to public use and such public use of the invention would be beyond […]
Patent
Monsanto’s patent took its last breath, undetermined if it was a patent or plant variety
The present blog pertains to the landmark fight over Monsanto’s Bt. Cotton technology. It is not yet finalised whether the subject invention was a patentable […]
Brexit and Unitary patent in the EU: An analysis of what has happened so far.
Failure of the first attempt to establish a unitary patent system Since the conclusion of The European Patent Convention in 1973, there have been several […]
A case of a permanent injunction filed by one patentee against another patentee
What we usually discuss in patent classes is about enforcement of the patent rights by the patentee against any person under Section 48 of the […]
Fast track patenting in India: An overview of IPO-JPO Patent Prosecution Highway (PPH) Pilot Program
Fast track patenting in India is slowly becoming a trend now. Starting with a first set of initiatives to fast track examinations of patent applications […]
Competition Law versus Patent Law – The Monsanto Conundrum
Back in 2010, while reading about genetically modified cotton and Brinjals in a biology lecture, I became aware of Monsanto. Monsanto has been a pioneer […]
Can AI be Inventors under Patent Laws?
It’s 2020 and clearly it was anticipated that soon enough AI will take over the world. Alas! We are all sitting in our houses contributing […]
Finance art becomes another batch of students of school S. 101 failing Alice test
A Changing trend of the USPTO in rejecting patent applications in the domain of finance art units has become something of concern to US patent […]
Nothing is new under the moon: second-medical-use and COVID-19 treatment
Under patent law, new uses of known substances can be protected by second medical use patents. It is known that the research in the field […]
Are we ready for next-generation cars?
Technology leap has driven us to an era where we are witnessing things which were used to be just a hyped phrase. Especially if we […]
Can a machine with Artificial Intelligence be recognised as an inventor in the patents law? The approach of three different jurisdictions and relevant policy considerations
USPTO and EPO reject the notion of AI as an inventor, while the established opinion in the copyright world is that an AI machine cannot […]
USPTO’s COVID-19 Prioritized Examination Pilot Program
“Independent inventors and small businesses are often the difference-makers when it comes to cutting-edge innovation and the growth of our economy. They are also in […]
Interpretation of Art. 53(b) of the European Patent Convention inches closer to the interpretation of Section 3(j) of the Indian patents act, 1970
On May 14, 2020, the Enlarged Board of Appeals of the European Patent Organisation (EPO) has issued an opinion [click to access] about the interpretation […]
Public health lawfully outlaws the patent rights: a story of March-in rights!
My previous posts on the open-source innovation read with Doha style compulsory licensing and revocation in the public interest were exhaustive on the access to […]
USPTO initiates an online platform for voluntary licensing
A new web-based intellectual property (IP) marketplace platform, Patents 4 Partnerships, is introduced by USPTO on May 4, 2020. It provides the searchable database of patents […]
From the bolar provision to the issuance of the compulsory license and revocation in the public interest – Remdesivir drug of Gilead is a complete course on patent law
The time since the experts have suggested “Remdesivir” as a possible drug to fight against COVID-19, global debate over obtaining this drug is started. The […]
What is common between the Apple/Samsung case and cases initiated by patent trolls? Both can be seen in the light of the excessive IPRs protection measures performed in the US by the International Trade Commission (ITC).
What is the ITC? Having great political influence, the United States has been repeatedly accused of harming developing countries in its attempts to push for […]
Unified Patent Court: Was the German Constitutional Court’s decision the final blow to a big dream?
Despite the fact that the COVID-19 crisis is in the epicentre of the media coverage and social media, on the 20th of March, the long-awaited […]
Open Source Innovation in the pharmaceuticals: Is that all for public health?
Dear Readers, I hope you are reading this post in your good health and essentially operable outdoor conditions. In this unfortunate time, when the world […]