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MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

Intepat

One of the most controversial topics is the patentability of an idea , as it creates confusion between the understanding of an idea and an invention. An idea is considered the first step towards building and invention. Therefore, it’s the invention that could get patented and not the idea.

Patent 52
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Embio Ltd. v. Malladi Drugs: Madras High Court Clarifies the Extent of Burden of Proof in Matters concerning Patent Revocation

SpicyIP

While the Court’s analysis touched upon multiple aspects of patentability and revocation, including ‘novelty,’ ‘inventive step,’ ‘non-obviousness’ and ‘person interested,’ the most significant point was related to the burden of proof in matters concerning patent revocation petitions. Thus, all three elements of ‘inventive step’ under s.

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Patent Prior Art Search

Biswajit Sarkar Copyright Blog

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. The invention can be patented as for the first-time researchers have shown such effects with consortia of bacteria and fungi.

Art 52
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DHC and 3(k): This time using the ‘Technical effect’ Test

SpicyIP

The DHC, in this judgement, continued with its restrictive interpretation of 3(k), narrowing the scope of inventions which are excluded u/s. Further, I show how the present decision continues the debate on the dilution of 3(k) and digital innovation, which I have also discussed here. 3(k) for being a computer program per se.

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Book Review: Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

The IPKat

The content is based on research presented at the Fifth Annual Workshop on Intellectual Property Rights in Szeged in April 2021, offering perspectives that are pertinent for those involved in the ongoing discourse around international IP law.

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Patentability in India

IP and Legal Filings

An invention relating either to a product or process that is new, involving an inventive step, and capable of industrial application can be patented.Provided the invention is not falling under the categories of inventions that are non-patentable under sections 3 and 4 of the Patent Act. Image Source: gettyimage].

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Prior Art

Biswajit Sarkar Copyright Blog

Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. In order to prove novelty, it must be proved that no other document in the world has any prior claim relating to the subject matter of the invention. a) Prior Publication [Section 29(1), the Act].

Art 52