Patents
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…
Proof of Right for Indian Patent Applications
Section 7(2) of the Indian Patents Act states that where the patent application is made by virtue of an assignment of the right to apply for a patent for an invention, the applicant is required to furnish, either at the time of filing the application or within six months of the date of filing of…
4 things to know while filing a national phase application in India under PCT
When it comes to prosecution of trademark, design or patent applications, there are a lot of things that are common to all countries. However, each country has its own peculiarities and most often, its mind blogging for attorneys who are simultaneously prosecuting applications in several countries.…
University Patents – Can your project work be patented?
There’s a rather common meme that was doing the rounds on social media which stated that “India is a country where we first become an “Engineer” and then think of what we really want to become” The number of people who identified with the statement was staggering and it’s not too hard to imagine.…
Introduction to patent protection in India
Patent protection in India can be obtained by filing an application online or by paper at the patent offices in Mumbai, Chennai, Kolkata or New Delhi. A patent application in India can be filed as an ordinary national application complying with the requirements as provided under the Patents Act,…