Patents
Pitfalls to Avoid in Indemnification Clauses in Tech Licensing agreements
Before signing a technology licensing agreement, carefully review all its provisions, including the indemnification clauses. Regrettably, this very important part of a licensing agreement is often treated as a boilerplate provision. Don't make the mistake of waiting till the last minute to review…
Software and Indian Patent Law, a good combination?
Intellectual property is known to be a fundamental pillar for the innovation of technology. Indeed, by granting protection to inventions, this law enhances investments in research and contributes to the increase of innovation. Nowadays, it must be noticed that innovation is not only in the…
Significant changes brought about by the Patent Amendment Rules, 2016
Following the publishing of the Draft Patent (Amendment) Rules, 2015 on October 26, 2015 for public comment and consideration, the Office of the CGPDTM has on May 14, 2016 issued a public notice on the publication of amended Patent Rules, 2003. Accordingly, the Patent (Amendment) Rules, 2016 were…
Guidelines for computer related inventions makes IT India happy
On the 19th of February Office of Controller General of Patents, Trademarks and Designs released new Guidelines for the examination of computer related inventions. These new guidelines were welcomed by the people who protested against the guidelines that were issued in 2015 and kept in abeyance due…
Doing research with a patented product? Research Exemption under Patent Law
The Patents Act, 1970 was framed keeping in mind the vulnerable position of an inventor but exemptions are as important as granting exclusive rights to the inventor. Both granting of exclusive rights and exemptions play a significant role in the progress of science and technology; while the former…
Patentability of 3D Printed Human Organs
We would have all come across the concept of organ transplants which has actually become a common phenomenon given the tremendous evolution in science and technology; hold on to that thought, and couple it with the invention of 3D printing, a booming technology that can be used to manufacture…
Patenting Human Genes
Science and technology has witnessed prodigious advancements which have led to modern evolution and discoveries in the field of medicine. One of such revelations would be the discovery of Genes, the basic physical and functional unit of heredity, made up of deoxyribonucleic acid (DNA). Scientist…
Let them eat cake? Did the Controller of Patents turn a blind eye to the poor in the recent refusal of Compulsory License?
It was before the French Revolution that when the peasants went to their queen, Marie Antoinette to spill their grievances that she said “if the people didn't have bread let them eat cake”. This analogy has been used whenever any authority has waived the grievances of the poor stating that they had…
Indian Patent Office rejects compulsory license application for AstraZeneca’s Saxagliptin
Patents are generally granted to encourage inventions and to protect the rights of the inventor. However, the Indian Patent Act serves to strike a balance between protecting the rights of the inventor and making such patented products available to people at large for the betterment of the society,…
5 things every Software Developer should include in his Software Development Agreement/Contract
The legal issues surrounding software development can be sometimes complex and often confusing. It is not unusual for developers to take up development gigs without any formal engagement in writing resulting in bitter experiences. By understanding the importance of agreements in a software…
