Thaler v. Commissioner, Procedural Relaxations in Patents Act, Drafting a Patent
The LexCampus Weekly Newsletter No.34 25th August, 2021 Hi, This week we discuss the landmark case from Australia where a federal court ruled that DABUS,
Procedural relaxations in patent filing
PROCEDURAL RELAXATIONS IN PATENT FILING The Parliamentary Committee Report on evaluating the IPR regime in India dated 23rd July, 2021 has been tabled in both
Thaler v Commissioner of Patents
IMPORTANT ISSUE Whether an Artificial Intelligence (AI) device can be recognised as the inventor for granting a patent. SUBJECT MATTER OF PATENT The invention was
Communication Components v. Mobi Antenna, Review of the Intellectual Property Regime in India, Drafting a Patent
The LexCampus Weekly Newsletter No.33 18th August, 2021 Hi, This week’s judgement is from the High Court of Delhi and deals with the determination of
Review of the Intellectual Property Rights Regime in India: Artificial Intelligence and Intellectual Property
The Parliamentary Committee Report tabled in July 2021 made several recommendations regarding the Intellectual Property (IP) regime in India. The suggestions made regarding amendments to
Communication Components Antenna Inc. v. Mobi Antenna Technologies (Shenzhen) Co. Ltd. and Others
IMPORTANT ISSUE (i) Whether the patent held by Communication Components lacks inventive steps and is hence liable for revocation? (ii) Whether the subject matter of
Sulphur Mills v. Dharmaj Crop, India recognises the first AI author, Drafting a Patent
The LexCampus Weekly Newsletter No. 32 11th August, 2021 Hi, This week’s judgement is from the High Court of Delhi, regarding the test of novelty
India recognises AI as author of a copyrighted work
For the first time in India, an Artificial Intelligence (AI) device has been registered as a co-author in a copyrighted work. Titled “Suryast”, the painting
Sulphur Mills Limited v. Dharmaj Crop Guard Limited & Anr.
IMPORTANT ISSUE Whether the patent held by Sulphur Mills is rendered invalid due to lack of novelty and inventive step, and hence liable to be
Astrazeneca v. Intas, DABUS: The first AI Inventor, Drafting a Patent
The LexCampus Weekly Newsletter No.31 4th August, 2021 Hi, This week’s judgement is from the High Court of Delhi regarding an appeal filed by Astrazeneca,
Astrazeneca AB & Ors v. Intas Pharmaceuticals Ltd.& Ors.
IMPORTANT ISSUE Whether the subject matter of the species patent held by Astrazeneca was disclosed in the genus patent held by the same person? Whether
DABUS: The first AI Inventor
South Africa has accepted a patent application naming an AI as an inventor, and has marked a new milestone in the evolution of patent law.
Merck Sharpe v. SMS Pharmaceuticals, Review of the IP regime in India, Drafting a Patent
The LexCampus Weekly Newsletter No.30 28th July, 2021 Hi, This week’s judgement deals with the exemption offered under Section 107A of the Patents Act, 1970.
Review of the Intellectual Property Rights Regime in India: An Analysis of the Parliamentary Committee Report
As a part of examination of the subject, the Committee considered the subject in detail in its five meetings wherein it heard the views of
Merck Sharpe and Dohme Corp. and Ors. v. SMS Pharmaceuticals Limited
IMPORTANT ISSUE Whether the export of the patented product Sitagliptin to companies carrying out research activities was protected under Section 107A of the Patents Act,
FMC Corporation v. Natco Pharma, Patent Agents and Patent Attorneys, Drafting a Patent
The LexCampus Weekly Newsletter No. 29 21st July, 2021 Hi, This week’s Newsletter discusses a judgement by the Delhi High Court where the patent was
Patent Agents and Patent Attorneys
Patents are a nuanced and complex set of property rights requiring various skills at various levels of their management. Once a scientific invention has been
FMC Corporation & Anr. v. Natco Pharma Ltd. Anr.
IMPORTANT ISSUE Whether Patent IN’307 was liable to revoked as the product was obvious from the genus patent IN’978 FACTUAL MATRIX The Plaintiff was the
Mold Tek v. SD Containers, Patent Waiver, Drafting a Patent
The LexCampus Weekly Newsletter No. 28 14th July, 2021. Hi, This week we discuss an order passed by the High Court of Madhya Pradesh regarding
Patent Waiver : The Way Forward?
INTRODUCTION Following the Biden administration’s public expression of support to the patent waiver request filed by India and South Africa at the World Trade Organisation
Mold Tek Packing Pvt. Ltd. v. S.D.Containers
IMPORTANT ISSUE In situations where a High Court does not exercise original civil jurisdiction and there is no Commercial Court notified at the District level,
Bharati Rathore v. Union of India, Vaccine Regulation and IP, Drafting a Patent
The LexCampus Weekly Newsletter No.27 7th July, 2021 Hi, This week’s judgement is from the Delhi High Court and deals with the procedural side of
Vaccine Regulation and IP
In October 2020, India and South Africa presented a request in the World Trade Organisation (WTO) for suspension of IP rights in medicines and medical
Bharati Rathore v. Union of India & Anr.
IMPORTANT ISSUE I. Whether the degree in Nano bio info cognitive neuroscience held by the Petitioner was equivalent to the Bachelor’s degree in biotechnology advertised
United States Gypsum Company v. Assistant Controller, Role of Patent Agents in Patent System, Drafting a Patent
The LexCampus Weekly Newsletter No.26 30th June, 2021 Hi, This week’s judgement is from the Intellectual Property Appellate Board (IPAB), Mumbai Bench which discusses the
United States Gypsum Company vs. Assistant Controller of Patents and Designs
IMPORTANT ISSUE Whether the Controller erred in rejecting the patent on the grounds of lack of inventive step under section 2(1)(j) of the Patents Act,
Role of Patent Agent in Patent System
The patent system’s exceptionalism itself manifests its complexity. The patent professionals including agents, attorneys, or any other person associated with the patent system are expected
Patentability of Computer related Inventions
As per section 2(1)(j) of the patents Act, 1970 an invention means a new product or process involving an inventive step and capable of industrial
Dow Agrosciences LLC v. Controller of Patents and Designs
IMORTANT ISSUE Whether the Controller erred in rejecting the patent under Section 15 of the Indian Patents Act, on the grounds of lack of inventive
Dow Agrosciences v. Controller, Patentability of Computer Related Inventions, Drafting a Patent
The LexCampus Weekly Newsletter No.25 23rd June, 2021 Hi, This week’s judgement is from the Intellectual Property Appellate Board (IPAB), Chennai Bench which discusses the