Patent

Besides the patentability requirements of novelty, inventive step, and being capable of industrial applicability, a patent application must also meet the enablement requirement in order to be granted. A patent application is said to be enabled if the application provides sufficient details that enable a person of ordinary skill in the related field to practice the invention. ......

Patent disputes that involve complex technologies cannot usually be resolved by judges alone. Training in the law is hardly sufficient to understand the nuances of the technology underlying a patent, and by corollary, makes it difficult to adjudicate on questions of patent infringement. For this reason, courts are allowed to appoint independent Scientific Advisors to assist in the understanding of the scientific or technical questions pertaining to the dispute in question. ......

Change is synonymous with Startups. Startup teams are constantly innovating, exchanging new ideas, conducting new experiments, and learning new lessons along the way. What’s really exciting about this is the potential for generating new Intellectual Property (IP) for the Startup each time you have a breakthrough. ......

The COVID-19 pandemic has posed some unusual problems for states and markets all over the world. While medical science and pharmaceutical professionals continue their search for the best drug or vaccine solution for the pandemic, one challenge lies in how this can be equitably distributed to the global population without compromising on various interests. ......

An Indian court has held that in cases of abuse of patent rights, the Competition Commission of India (CCI) could directly examine the complaints without any prior determination by the Controller of Patents (the Controller). ......

Patent claims are the most important part of a patent application, for they define the invention for which the Patent Office has granted protection. Patent claims identify what the patent does and does not cover....

Recognising that startups can drive sustainable economic growth and generate large scale employment, the Government of India’s ‘Startup India’ Initiative has sought to develop an ecosystem to strengthen such entities. This ecosystem includes policies that reduce regulatory burdens and provide various concessions that make ‘doing business’ easy....

Patents are a measure of innovation. A healthy patent portfolio of a company indicates that the company has invested significant time, money, and effort in research and development activities within the organization. It also indicates that the company is evolving and constantly striving to bring newer and better products or services into the market. However, patents need to be also looked at as business opportunities and should, ideally, align with the business strategies of the company. Owning a patent gives a company the legal right to commercially exploit its innovation and prevent competitors from imitating or replicating its innovation. Every innovative company, therefore, needs a good Patent Strategy to be successful in the long run....

The ethics of intellectual property has always been a highly debated issue, and spans a range of issues, not least around what kind of patentable subject matter can be regarded as ethically permissible. Jurisdictions, including India, try to tackle this issue by legislating for it in the laws, and excluding inventions that may be morally questionable, but such laws are inherently subjective, and open to interpretation. This note examines the questions that have arisen around inventions related to the tobacco industry in India in this context....