Tag: Claim construction
October 22, 2018
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Intellectual Property | Patent
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Intellectual Property | Patent
Usefulness and claim construction of nucleic acid seque...
Essenese Obhan, Managing Partner at Obhan & Associates, explores the two clauses that clarify how a nucleic acid sequence, without indication of a function, does not contain any technical information and is not a patentable invention. The key requirement of patentability is that the invention must be ‘capable of industrial application’; claim construction must be based on it being non-obvious and useful. These are the aspects studied to understand why nucleic acid sequences don’t fall in the the patentable category....
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India’s New Deepfake Regulation: MeitY Notifies Amendments to Information Technology...
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On February 10, 2026, the Ministry of Electronics and Information Technology ("MeitY") notified the Information Technology (Intermediary Guidelines and Digital Media Ethics ...
The Registrar’s “Undo” Button: The Lambretta case and Section 19 of India’s Trademark Act
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Trademark disputes rarely move in straight lines. Sometimes, well before a mark becomes opposition-worthy, disputes around ownership may emerge.
Data Protection as a Closing Condition: Rethinking Risk Allocation in Indian Tech Deals
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Data protection has historically been considered a compliance issue during transactions, which is generally identified during diligence and only tackled after closing ...
Limits of Claim Construction: Preamble vs. Characterising Clauses in Indian Patent Dispute...
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Claim construction is an important aspect of infringement analysis. In several jurisdictions, such as the United Kingdom, Germany, and the European Union...
Urgency in IP Suits: No more Pre-Institution Mediation Hurdles in India?
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In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution.
The 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...
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The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...
When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity
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In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...
A Reset of India’s Export Import Rules
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To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...
The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration
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In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...
Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right
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In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...
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