AI and Patents: Key Considerations (India) – Practice Note
A Practice Note discussing key issues concerning patents and AI inventions, including machine learning, neural networks, and deep learning technology, and their applications. This Note discusses recent AI patenting trends, potential types of AI-related inventions, and key issues and best practices for obtaining patent protection for AI-related...
Delhi High Court Backs Microsoft for Clarity & Global Standards in Patent Cases
In Microsoft Technology Licensing LLC v The Assistant Controller of Patents & Designs, The Patent Office, the Delhi High Court highlighted the necessity for procedural fairness and clarity in the patent examination process to align with principles of natural justice and international patent standards....
Asserting Patent Infringement with the help of Doctrine of Equivalence
The overarching issue in SNPC Machines Private Limited & Ors. v. Mr. Vishal Choudhary revolves around the application of the doctrine of equivalents to determine patent infringement, focusing on whether functional similarities between two competing brick-making machines constitute a violation of patent rights, despite differences in their physical...
International Bar Association Case Comment: UK Court of Appeal’s AI Patentability judgment
Ramya Rao, M S Devi, and Amrish Tiwari write for the International Bar Association’s Business Law International (Vol 26, No 1) on a UK Court of Appeal ruling in Comptroller v Emotional Perception AI Limited, redefining patentability for AI-driven neural networks.
The technology at stake harnesses artificial neural...
Court Rules on Determining Diagnostic Criteria in Patent Applications
The Madras High Court, this year, ruled on the much-awaited cases pertaining to interpretation of the scope of patentability of diagnostic methods patentability under the Indian Patents Act, 1970 (Act). Section 3(i) of the Act prohibits the patenting of diagnostic methods aimed at treating diseases in humans or animals to make them...
India: the rising sun of Standard Essential Patent (SEP) enforcement in 2024
India’s market size – for telecoms and beyond – and increasingly mature Standard Essential Patent (SEP) licensing environment
have brought high-profile conflicts between patent holders and implementers to the fore.
This article aims to provide a snapshot of the current landscape, delve into the anticipated developments in 2024, and shed light...
IPO ends decade-long pre-grant opposition to Gilead’s Sofosbuvir prodrug
In a landmark case, Gilead Pharmasset, LLC v Sankalp Rehabilitation Trust and Ors., the Indian Patent Office (IPO) in Kolkata granted a patent to Gilead Pharmasset, LLC (Gilead), covering the prodrug molecule of anti-HCV drug Sofosbuvir. The IPO rejected all the 13 pre-grant oppositions, filed by various opponents including pharma companies,...
Asserting Patent Infringement with the help of Doctrine of Equivalence
The overarching issue in SNPC Machines Private Limited & Ors. v. Mr. Vishal Choudhary revolves around the application of the doctrine of equivalents to determine patent infringement, focusing on whether functional similarities between two competing brick-making machines constitute a violation of patent rights, despite differences in their physical...
New Indian Patents (Amendment) Rules 2024: What You Need to Know
Significant changes to benefit patent applicants and owners
The Indian Patent (Amendment) Rules, 2024 (Rules) have been notified and made effective by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India on March 15, 2024, with an intent...
India: the rising sun of Standard Essential Patent (SEP) enforcement in 2024
India’s market size – for telecoms and beyond – and increasingly mature Standard Essential Patent (SEP) licensing environment
have brought high-profile conflicts between patent holders and implementers to the fore.
This article aims to provide a snapshot of the current landscape, delve into the anticipated developments in 2024, and shed light...