This post is the first one in a series of upcoming posts on patent prosecution in India. Background Based upon the work that law firms in India undertake, according to me, patent prosecution can broadly be divided into two categories:… Continue Reading
The requirement of a “person skilled in the art”(PSITA) in patent law is very imminent. The analysis of a PSITA is required for determining obviousness and while applying the doctrine of equivalence. The key factor in determining inventive step in any… Continue Reading
This post summarizes the jurisprudence of the six year rule for the presumption of validity of patents in India.
If you have an Indian client who is looking to file a patent in India as well as in several countries across the globe, you can apprise him of two prospective routes of doing the same.
In a previous post, I had covered the basics of patent infringement and how to ascertain literal infringement of a patent claim vis-à-vis all element rule. In this post, I shall be covering the basics of infringement by equivalence and… Continue Reading
In simple terms, patent infringement occurs whenever a person exercises the exclusive rights of a patent holder without his/her authorization, within the country of patent grant and during the term of the patent. Upon analysis, a patent will be considered… Continue Reading
The requirement of an expert opinion, in Patent cases, is called upon under Section 45 of the Indian Evidence Act and Section 115 of the Patent Act, 1970 when the court finds that an opinion of a third person is… Continue Reading
There are three basic requirements for patent grant in India: (1) Novelty; (2) Inventive Step; and (3) Industrial Applicability. While many have expounded upon the first two requirements, only a handful of people, including academicians, have described what the third… Continue Reading
Patentability analysis is done to ascertain whether an invention is patentable or not. Patentability analysis can be considered as a filter for the invention, that is to say, the inventions should necessarily be tested at each of the below mentioned… Continue Reading
“The Indian Patent Office issued the latest examination guidelines for computer related inventions (CRI Guidelines)”