When to use patent search databases like Espacenet, USPTO Global Dossier, WIPO Patentscope?

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

Who is a Person of Ordinary Skill in the Art?

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

Patent Infringement Analysis – Part-II

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

Patent Infringement Analysis [with example] -Part-I

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

Industrial applicability requirement for patent grant in India

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 vis-a-vis subject matter of a Computer Related Invention (CRI)

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