Fraud In Obtaining Patent And Revocation
A patent (defined in section 2(1) (m)) is a type of intellectual property that gives its owner the legal right to exclude others from making, using or selling an invention for a limited period of time in exchange for disclosure of an invention that meets the criteria of global novelty, non-obviousness and industrial use. During […]
Monsanto Technology LLC And Ors Vs. Nuziveedu Seeds Ltd. And Ors
Monsanto Technology LLC, one of the world’s leading seed company, was smacked by the decision upheld by the Division bench of Delhi High Court in an appeal that was preferred by them against the order of Delhi High Court single bench. The dispute initially arose over license and royalty of Patented seed technology–BOLLGARD II, between […]
REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT
This article focuses on the revocation proceedings which is one of the mechanisms available for annulations of Patents in India. What is revocation of a patent? When a patent has been sealed or granted, it is not always the case that the patent shall stay unhindered by any third party till the life of the […]
REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT
This article focuses on the revocation proceedings which is one of the mechanisms available for annulations of Patents in India. What is revocation of a patent? When a patent has been sealed or granted, it is not always the case that the patent shall stay unhindered by any third party till the life of the […]
Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?
Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, […]
Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?
Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, […]
Question of claim amendments by patentee in India
We would discuss hereinbelow the various scenarios when the patentee can seek amendment of the specification and claims of his patent. Further, this Article would examine as to when and when not the patent amendment should be allowed during the pendency of patent infringement suit. The Author, in the end, presents a hypothetical case to […]
Enercon India Ltd (EIL) Vs Enercon GMBH (EG)
This article is directed to interested persons who have not been regularly following the Enercon Case, one the few patent litigation battles which have seen the light of day and are setting new standards in decision making on issues relating to formality rejections and obviousness/inventive step issues. This article puts a quick snapshot of what […]