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