Whether to patent the vaccine or to protect it as a trade secret?
Mr. Noisy has a start up named M/s Susan Private Ltd. based out of Bangalore and the strart up is involved in medical innovation in […]
Patent
SISVEL International S.A.. v. Haier Deutschland GmbH, BGH, 05 May 2020 – KZR 36/17
Sisvel v Haier, is the first post-Huawei/ZTE ruling in Germany which tackles the issue of Standard Essential Patent (“SEP”) and fair, reasonable, and non-discriminatory (“FRAND”) […]
Prior user right in patent law
No! Don’t confuse the title of this post “rights of a prior user” with the “prior user” of the Indian trademark law. Here we are […]
Global ‘FRAND’liness (license) over a standardized technology: is it a reality?
The German court (Mannheim) recently allowed an injunction in favor of Nokia to prevent Daimler from the unauthorized use of their SEP in Germany. The […]
Patenting in space: what we already know and moving forward from there
Carl Cristo’s, “Science soars like an eagle however law drags on like a turtle” somehow describes the current state of space invention patenting. It’s a […]
Role of intellectual property in tackling the climate change issues
“The time is not past when humankind thought it could selfishly draw on exhaustible resources. We know how the world is not a commodity”. Francois […]
Nokia V Daimler: Another SEP litigation to discuss!!!
After writing an introductory post on SEP licensing and discussing the steps of SEP licensing negotiation in view of the German case Haier v. Sisvel, […]
Why a utility model law is needed in India now more than ever!
Utility models are referred to by many names such as petty patents, minor patents, short-term inventions and innovation patents among others. Utility models are not […]
Inventions by AI machines fighting for recognition: The return of DABUS
Last year, the EPO made a loud noise by rejecting a patent application over an invention produced by an AI machine named DABUS. The legal […]
Emojis as intellectual property right: registering speech formats
“The English Language cannot fully capture the depth and complexity of my thoughts so I’m incorporating emoji into my speech to better express myself, Winky-face” […]
Patent Versus Trade Secret Conundrum
IntroductionInventors often face difficulty while choosing a protection regime for their inventions which simultaneously ensures a competitive edge. The two equally confusing options fulfilling this […]
Basics of SEP in light of the recent German court’s decision
I have earlier researched, discussed and talked about Standard Essential Patents (SEP), however, I have never penned down my thoughts on this topic until now! […]
Using IPR as collateral: Business Continuity in Post-Covid Landscape
I. Introduction:The COVID-19 pandemic has thrown open dilemmatic questions to various business houses quizzing them about their survival, expansion plans and business continuity. The pandemic […]
Can the “Method of preparation” introduced by the US Courts become an exception to Section 3(i) of Indian Patent Law?
The TRIPS agreement being an International Agreement, sets out for its signatory nations the minimum standards of protection to be provided in respect of the […]
Failure to obtain foreign filing permit in India – illegality or irregularity?
A very interesting question was recently put across to a wide audience group. The questioner sought inputs on whether an applicant based out of India […]
Public disclosure of the invention is safer than a secret use: Loopholes in the patent law
Secret use of an invention before filing a patent application could amount to public use and such public use of the invention would be beyond […]
Monsanto’s patent took its last breath, undetermined if it was a patent or plant variety
The present blog pertains to the landmark fight over Monsanto’s Bt. Cotton technology. It is not yet finalised whether the subject invention was a patentable […]
Brexit and Unitary patent in the EU: An analysis of what has happened so far.
Failure of the first attempt to establish a unitary patent system Since the conclusion of The European Patent Convention in 1973, there have been several […]
A case of a permanent injunction filed by one patentee against another patentee
What we usually discuss in patent classes is about enforcement of the patent rights by the patentee against any person under Section 48 of the […]
Fast track patenting in India: An overview of IPO-JPO Patent Prosecution Highway (PPH) Pilot Program
Fast track patenting in India is slowly becoming a trend now. Starting with a first set of initiatives to fast track examinations of patent applications […]