Introduction

Intellectual Property Rights (IPR) of all types including patents have territorial jurisdiction. This means that the rights granted by any of these Intellectual Property protections are limited, restricted, and applicable only within the territory of the country where suc...Read More

Introduction

The patentability of an idea is one of the controversial topics faced during the grant of patents. There is a very fine line difference between an idea and an invention because every invention is first an idea which later matures and gets patented. On the face of it, it seems that there is no substantial way to protect an idea under intellectual prope...Read More

Introduction

Trade Secret or Patents! What to choose between both? A Big Confusion in the head of the company. The two have more differences than similarities.

Patents give you the exclusive right to exclude others from making, selling, using, or importing a particular product or service in exchange for full public disclos...Read More

The Drug Prices Control Order (DPCO), 2013, which as estimated by the National Pharmaceutical Pricing Authority (NPPA), has helped patients save over Rs. 15,000cr since its enactment has been amended by the Drugs (Prices Control) Amendment Order, 2019, by the Ministry of Chemicals and Fertilisers in favor of drugmakers, manufacturing new drugs, and drugs treating orphan/rare diseases.

Recently, the social media giant Facebook filed a few controversial patents. They are called controversial because rather than being user-friendly the new patents filed could only be an aid to the revenues of the company itself. The latest patent is the one that can predict your destination before you reach it yourself. This patent has been deemed ‘ill-timed’ by some since there are still major concerns about t...Read More

For eons, humans have tried to create convenience. Be it the kindling of a fire or the development of the technology of a smartphone that detects your location and is linked to your bank account, humans have constantly tried to create a technology, that stands on par with the functioning of the normal human brain.

However, in the bid to dev...Read More

Non-patent exclusivity or Regulatory exclusivity is the core profit driver of the pharma industry. The rationale behind introducing regulatory exclusivity for drug products was that the amount of time taken to gain approval to market the drug product often leaves little viable protection period for the drug product under patents. Patents are often filled during the early developmental stage of the drug and approval from the aut...Read More

Patent Pool has been an ongoing subject discussion from both legal and economic points of view. Pool in simple terms means Accumulation. A Patent Pool is defined as an agreement between two or more patent owners to license their patents to one another or to third parties. The patent pool mostly comes into play when an inventor gets stuck in complex technology that requires a complementary patent in ...Read More

INTRODUCTION

The basic objective of any competition policy is to ensure that there is legal entry/ exit of firms and smooth functioning of companies without the exercise of any malpractices. Some prominent anti-competitive practices are collusive bidding, abuse of dominant position, refusa...Read More

The Patent Statute of the US defines patentable subject matter as ‘any new and useful process, machine, manufacture, or composition of matter’ and any improvements. But patent cannot be granted for laws of nature, natural phenomena, or abstract ideas. In June 2014, the US Supreme Court’s ruling in Alice Corp. v. CLS Bank sent software patents down the rabbit hole. Essentially...Read More

Human beings are full of desires. And an exchange has to be made for something against the fulfilment of those desires. This “something” can be highly unique, which gave rise to earlier forms of barter transactions, or it can be something more uniform, more acceptable, or more universal like currency. A desire is said to have been met when such exchange in the form of the transaction has been successful...Read More

The patent application is an official request filed by the applicant for the grant of a patent or invention done by him, and to obtain permission the applicant must apply at a patent office. A patent application can be filed with Indian Patent Office either with...Read More

The fast pace at which technology is developing in the world is reflected in the creative inventions that are coming up every day. Nowadays, people are increasingly aware of the value of their ideas and seek to protect them from the competition. The most prominent way to do so is by getting their creations patented. However, taking an invention from an idea to an actual patent is not an ea...Read More

It is not necessary that an applicant and inventor of a patent is the same person, in most cases they are different. The question is in such a case will it not be problematic to attain a patent? The answer is absolute ‘NO’. The provision for this problem lies in section 7(2) of the Indian Patents Act, 1970, which say...Read More

If I invent an object, can that be protected under any law? The answer is yes; an invention is protected under an Intellectual Property Rights law as a Patent. It is an exclusive monopolistic right given to the owner to exploit his or her invention for a limited period.

Read More