INSIGHTS

Introduction : University spin-offs find themselves at a tricky junction, having valuable and innovative inventions but limited funding and fast deadlines in commercialization process. They do not have resources to “blanket file” patent applications as corporations can to preserve the possibility of obtaining protection in various countries. It should be strategically chosen which patents will be sought for in which time frame. Luckily, there are international mechanisms that

Introduction A modern infusion pump, pacemaker programmer or radiology workstation is rarely a finished object at the point of sale. The manufacturer keeps changing it: firmware patches, feature unlocks, and now machine-learning models that are retrained and pushed out long after the device has left the factory. That ongoing change creates a problem Indian intellectual property law never set out to solve. When the code on a device that has already been sold is rewritten, does

Introduction: The Bargain and The Barrier Patent law operates on a bargain: innovators disclose their inventions in exchange for a time-bound exclusivity. Yet, not all innovations qualify for this bargain. Section 3(b) of the Patents Act, 1970 (Hereafter referred to as ‘The Act’) carves out an exception for inventions which are not patentable. At first glance, the provision seems straightforward; the difficulty, however, lies in evaluating whether the harm is real or merel

In patent litigation, a preliminary injunction (“PI/PIs”) is a crucial remedy which allows patent owners to prevent alleged infringements by sale of their patented products while the case is pending before the court. Traditionally, the Courts in India have always chosen a balance-based approach which ensures that both the protection of patent holder and market competition are at equal foo The New Patent Chessboard: Decoding the ‘Credible Challenge’ Standard and Its Strategic