Patents
Perspectives on patents across India and the subcontinent.
26 February 2016
The 2016 CRI Guidelines and the Novel Hardware Test That Didn't Last
The February 2016 CRI Guidelines introduced a three-prong test requiring novel hardware alongside a computer program, delighting the software industry that had fought the 2015 version. The 2017 Guidelines removed that requirement — leaving the Section 3(k) question to the courts.
24 February 2016
The Research (Bolar) Exemption Under Indian Patent Law
Using a patented drug for research and regulatory approval isn't infringement — that's the Bolar exemption. How Section 107A lets generic makers prepare their versions before a patent expires, the origins in Roche v. Bolar, and how Bayer v. Cipla applied it in India.
23 February 2016
Patentability of 3D-Printed Human Organs
Bio-printing could let 3D printers build human organs from a patient's own cells. But are lab-created organs patentable, when they replicate natural organs using natural cells? Where India's Section 3(c) and the Myriad 'not a product of nature' logic collide.
Jayashri Suresh · 18 February 2016
Sports and Intellectual Property: How the Business Is Protected
Modern sport is a multi-billion-dollar business — and IP holds it together. How trademarks (team names, logos, jerseys), copyright (logos, broadcasts), patents (playing techniques) and personality rights protect the value in sport, plus licensing and domains.
Jayashri Suresh · 10 February 2016
Plant Breeders' Rights in India: IP for New Plant Varieties
A new plant variety can be protected as IP. India was among the first to legislate for it, balancing breeders' exclusive rights with farmers' rights. What qualifies, and the trade-offs.
8 February 2016
Patenting Human Genes: Can You Own a Gene?
The US Supreme Court's Myriad ruling said naturally occurring DNA isn't patentable, but synthetic cDNA is. India's Section 3(c) bars patents on things 'occurring in nature' — yet the Patent Office has granted gene patents inconsistently. Where the 2013 biotech guidelines leave the question.
Jayashri Suresh · 3 February 2016
Lee Pharma v. AstraZeneca: Why the Saxagliptin Compulsory Licence Was Refused
Lee Pharma sought a compulsory licence over AstraZeneca's diabetes drug Saxagliptin, arguing a 99% supply shortfall, unaffordable pricing and no local manufacture. The Controller rejected all three grounds — a case that shows how heavy the applicant's evidentiary burden under Section 84(1) really is.
2 February 2016
Outer Space and Intellectual Property Rights
IP rights are territorial — but whose territory is outer space? The Outer Space Treaty says space belongs to no nation, yet objects follow their registry state. How patents and copyright in satellite data collide with a borderless domain, and why India lacks space-IP law.
Jayashri Suresh · 22 January 2016
Protecting Business Processes Under Indian IP Law
'We do business differently' — but can you protect a business process in India? There's no dedicated statute. Why patents are barred by Section 3(k), what copyright and trade secrets can (and can't) do, and how contracts fill the gap.
Raja Pannir Selvam · 23 November 2015
Proof of Right for Indian Patent Applications: What to File and When
When a patent application in India is filed by someone other than the inventor, you must furnish 'proof of right' within six months — or risk refusal, and revocation even after grant. The forms and the deadline.
23 September 2015
Four Things to Know When Filing a PCT National Phase Application in India
India takes the 31-month national phase deadline, not 30. It is not extendable. Claims can't be amended at the time of filing — the documents must match the International Bureau's record. And the official fee covers only 30 pages and 10 claims.
4 September 2015
Bata v. Vitaflex: An Injunction Against Groundless Threats
Vitaflex threatened Bata with trademark and patent infringement over an insole design — but couldn't prove it held those rights. The Delhi High Court injuncted the threats, a reminder that only a genuine rights holder can safely send a cease-and-desist.