patent
Madras HC Dismisses Patent Appeal: Expiry Renders Monopoly Moot
The Madras High Court dismissed an appeal regarding a patent refusal, ruling it infructuous as the statutory twenty-year term under Section 53 had already elapsed.
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Category: patent
Other IP
Section 3(j) of the Patents Act: Plant Exclusions, Monsanto v. Nuziveedu, and the PPV and FR Alternative
An analysis of Section 3(j) of the Patents Act 1970, exploring biological patent exclusions, the Supreme Court Monsanto v. Nuziveedu ruling, and plant variety rights under the PPV&FR Act.
patent
Aventose Energy v. Patent Controller: Madras HC Sets Aside Rejection
The Madras HC set aside a patent refusal for Aventose Energy, ruling that the Controller's rejection lacked granular comparative analysis of the claimed invention.
patent
Madras HC Restrains ‘Hindsight Mosaicing’ in Patent Refusal Dispute
The Madras High Court set aside a patent refusal, ruling that the Controller's use of 'hindsight mosaicing' of prior art failed to negate the invention's novelty.
Other IP
Patents vs Trade Secrets in India: Strategic Choices, Reverse Engineering, and the Draft Bill 2024
An analysis of the strategic tension between patent protection and trade secrets in India, examining reverse engineering risks, TRIPS Article 39, confidentiality clubs, and the Draft Trade Secrets Bill 2024.
patent
NOCIL v. Finorchem: Calcutta HC Restrains Process Patent Infringement
The Calcutta High Court granted an interim injunction restraining Finorchem from manufacturing 4-ADPA, reinforcing the burden of proof shift under Section 104A.
patent
India-Brazil TKDL Agreement: Traditional Knowledge Protection, Patent Prior Art, and South-South Cooperation
An analysis of the India-Brazil TKDL access agreement between CSIR and INPI Brazil, exploring defensive patent protection, anti-biopiracy diplomacy, and South-South intellectual property cooperation.
patent
Deakin University v Controller of Patents: Madras HC Restores Deemed Abandoned Patent Under Article 226
Madras HC restores patent application deemed abandoned u/s 21(1) of the Patents Act, 1970 in Deakin University v Controller of Patents under Article 226.
patent
Madras HC Dismisses ‘Wobben’ Patent Appeals as Infructuous
The Madras High Court dismissed patent revocation challenges as infructuous after confirming that the underlying patent terms had expired, rendering the matter moot.
patent
Patentability of Computer-Related Inventions: Section 3(k) Jurisprudence in India
A doctrinal analysis of Section 3(k) of the Patents Act, examining Indian judicial and patent office guidelines on software and computer-related inventions.