The LexCampus Weekly Newsletter No.33
18th August, 2021
This week’s judgement is from the High Court of Delhi and deals with the determination of lack of inventive step in suit patent, and its revocation thereof. The blog post for this week is a follow up on the previous article regarding the Parliamentary Committee’s report evaluating the intellectual property regime in India. This article focuses on the area of Artificial Intelligence, which is closely related to patent law. We finally conclude with a few tips on drafting dependent claims in a patent.
PATENT CASE LAW SUMMARY
Communication Components Antenna Inc. v. Mobi Antenna Technologies (Shenzhen) Co. Ltd. and Others
2021 SCC OnLine Del 3948
The suit patent is IN 240893 dealing with an invention entitled “Asymmetrical Beams for Spectrum Efficiency”. The patent was held by TenXC who sold their rights to Communication Components during settlement of debts. The defendant is alleged to have been manufacturing and selling devices that infringe the above-mentioned patent. As a result, a suit for permanent injunction was filed, which was denied in first instance. An appeal was filed against the said order and in the instant case, the Court yet again refused to grant injunction and ruled that the patent was invalid. Read more
Review of the Intellectual Property Rights Regime in India : Artificial Intelligence and Intellectual Property
As we know, Artificial Intelligence (AI) mainly aims to develop systems and mechanisms with the ability to perform the tasks requiring human intelligence. It refers to machines and technologies capable of performing cognitive tasks like thinking, perceiving, learning, problem solving and decision making. AI based programs can now compose music, draw paintings, write literature, conceive inventions and automate, speed up and ease day-to-day tasks for humans. Evolution of AI and its expansion as well as its utility in a growing number of fields has increased exponentially in present days. In this context, it is important for the government to evaluate the legal regime to detect shortcomings in accommodating technological advancements made, and accordingly amend the laws to make them more holistic. Read more
PATENT DRAFTING TIPS – DEPENDENT CLAIMS
- A dependent claim must normally incorporate by reference every element and limitation contained in the parent claim.
- Further elements, limitations or a more elaborate description of a previously mention element or limitation may be added to make the claim comprehensive.
That’s all folks for this week.