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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test

SpicyIP

Dr. Abolkheir labels the inherent fallacy within patent law as “ inventio ad hominem ” fallacy. Questioning the logical foundations of patent laws, he argues that defining ‘inventive step’ in terms of ‘non-obviousness’ shifts the focus of inquiry to the inventor, rather than the invention itself. Cipla Ltd. ,

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Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 4, 2024)

SpicyIP

Patent enthusiasts will be excited to know that a comprehensive commentary on Patent Law, authored by Adarsh Ramanujan (incidentally, a former blogger with SpicyIP), is set to be released on December 4, 2024! The book is published collaboratively by Oakbridge Publishing Pvt. The panel will feature Justice Prathiba M.

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Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)

The IPKat

The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.

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Everything Foreign Applicants Must Know About US Utility Patents

Patent Trademark Blog

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Where was the invention made?

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Patent Application for Gilead’s Lenacapavir Opposed: Saving Generics of HIV Drugs?

SpicyIP

The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. The looming threat is the pending patent applications by Gilead in India.

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Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II

SpicyIP

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

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How to Win a Patent Application Argument

Patent Trademark Blog

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. Many will get rejected multiple times. Examiners are human. at least for now.