We’re pleased to bring to you a guest post by Shivam Kaushik, analysing the patentability of orbital transfer trajectories of spacecrafts in light of the recent patent grant to NASA in the US for ‘a method for transferring a spacecraft from the Geosynchronous Transfer Orbit (GTO) to Lunar Orbit’. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. He’s previously also written guest posts for us, titled ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ , ‘Govt’s…

Patent

Section 46(2): ‘One Patent Per Invention’ or ‘One Invention Per Patent’?

by SpicyIP November 25, 2020

5 Comments

We’re pleased to bring to you a guest post by Amit Tailor, analysing whether rejection of claim(s) of a later patent application having ‘similar’ or ‘overlapping’ scope with that of an ‘earlier’ patent application is appropriate under section 46(2) of the Patents Act which provides that a patent can be granted for one invention only. Amit is working as Manager (Sr. Scientist) at Cadila Healthcare Ltd., handling patent drafting, filing & prosecution, FTO, patentability & invalidity mainly. He has an…

A Copyright Reform Agenda from a Group of Like-Minded IP Teachers

by SpicyIP November 24, 2020

4 Comments

Book Cover of William Patry's How to Fix Copyright

As Nikhil recently noted on the blog, there are currently on-going discussions as to whether the Copyright Act should be amended, with industry associations and law firms being invited to comment on the matter. As he had pointed out then, it is vitally important that industry and their representatives (law firms) not be the only ones sending in these comments, since very few, if any, have reason to focus on the public interest element. In this context, we are very…

Competition Law

The Antitrust App Store Wars Come to India

by SpicyIP November 22, 2020

2 Comments

We’re pleased to bring our readers an insightful post by Dr. Vikas Kathuria looking into the latest ‘digital gatekeeping’ controversy that Big Tech has found itself in in India, with the Competition Commission of India having ordered an investigation into Google’s conduct relating to Google Pay and the Play Store. Dr. Kathuria is a Senior Research Fellow at the Max Planck Institute for Innovation and Competition, Munich and was formerly a Research Associate at the Competition Commission of India (CCI)….

Patent

Back to the Drawing Board: Indian Courts’ Tryst with Public Interest Principle in Pharmaceutical Patent Infringement

by SpicyIP November 20, 2020

1 Comment

Blackboard with the words "Public Interest?" written on it

The recent past has seen a few blogposts on how public interest is factored in (or isn’t) by courts. A post looking at public interest as viewed in interim injunctions for pharma cases was posted here, and another post looking at public interest in the pandemic context was posted here. We’re very pleased to bring to our readers another post focusing on this public interest element, which among other aspects also puts forward some thoughts on how it could perhaps…

COVID-19 Trademark

Trademark Trolls: Perspectives, Pitfalls and the Way Forward

by SpicyIP November 17, 2020

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We’re pleased to bring to you a guest post by Manvee Kumar Saidha, analysing the effect of ‘first to use’ and ‘first to file’ regimes on trademark trolling, in light of the attention that the the recent Sony PS5 case has drawn towards the possibility of such trolling becoming a menace in India. Manvee is a 4th year law student at School of Law, Christ University, Bangalore. Trademark Trolls: Perspectives, Pitfalls and the Way Forward Manvee Kumar Saidha Trolls – a…

Opportunities

Call for Abstracts: Third IP & Innovation Researchers of Asia Conference [Online; March 24-27]

by SpicyIP November 13, 2020

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We are pleased to inform our readers that the Third IP & Innovation Researchers of Asia Conference will be held online from March 24-27, 2021. The deadline for submission of the request to present a paper and the abstract is December 15, 2020. For further details, please read the post below: Third IP & Innovation Researchers of Asia Conference March 24-27, 2021 The Third IPIRA Conference is organized by the IPIRA Network in cooperation with the World Intellectual Property Organization (WIPO) Academy, the World Trade Organization (WTO),…

Patent

Appeals to Controllers’ Decisions at IPAB – Part II: The Current Practice of Handling Appealed Matters at the Patent Office

by SpicyIP November 9, 2020

1 Comment

This is the second part of a two part post by Amit Tailor that digs into the manner in which patent appeals are managed and handled. The first part looked into a worrying trend regarding representation from the Patent Office in IPAB proceedings. This second part examines an RTI response to look deeper into how these appealed matters are handled at the Patent Office. Notably, as he points out, the interaction around this RTI also led to the Patent Office…

Patent

Appeals to Controllers’ Decisions at IPAB – Part I: Manner in Which the Appeals are Getting Disposed of at IPAB

by SpicyIP November 9, 2020

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We’re excited to bring our readers a two part post by Amit Tailor that digs into the manner in which patent appeals are managed and handled. The first part observes a worrying trend regarding representation from the patent office in IPAB proceedings, while the second part zeroes in on an RTI response to look deeper into how these appealed matters are handled at the patent office. Amit Tailor is working as Manager (Sr Scientist) at Cadila Healthcare Ltd, handling patent…

Is Intermediary Liability Decision in Shree Krishna Int’l v. YouTube Copyright Dispute in Line with MySpace?

by SpicyIP November 4, 2020

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We’re pleased to bring to you a guest post by Arth Nagpal and Harsh Srivastava, analysing Gurugram District Court’s decision on intermediary liability for copyright infringement in Shree Krishna International v. YouTube (2019) in light of Delhi High Court’s landmark decision in MySpace (2016). They argue that the Punjab & Haryana High Court, before which an appeal from the decision is listed for final hearing, should follow MySpace and bring clarity on the liability of intermediaries for copyright infringement. Arth…

anonymous { I'm really surprised why didn't counsels put forth the recent judgment of Burger King anyways can I get the citation of the judgmemt }
Amit Tailor { There is, indeed, only a hairline difference between the two concepts. "One Invention per Patent" would mean any given patent may encompass claims for one 'inventive concept' only... }
Amit Tailor { @Pro Patentee: Yes, I do not want to disclose details of the claims because both the applications are still pending and awaiting applicant's response,; and also because the... }
Raman singh { Before commenting one should know about the condition of the officer amd officer's. No one bother about HR aspect's of the office but ready to criticize the office... }
Arul George Scaria { Sir, I checked the link again (and also checked with couple of other people) and it looks like the download/ print options are working. Could you please try... }

De-Coding Indian Intellectual Property Law

Are Orbital Transfer Trajectories Patentable?

Section 46(2): ‘One Patent Per Invention’ or ‘One Invention Per Patent’?

A Copyright Reform Agenda from a Group of Like-Minded IP Teachers

The Antitrust App Store Wars Come to India

Back to the Drawing Board: Indian Courts’ Tryst with Public Interest Principle in Pharmaceutical Patent Infringement

Trademark Trolls: Perspectives, Pitfalls and the Way Forward

Call for Abstracts: Third IP & Innovation Researchers of Asia Conference [Online; March 24-27]

Appeals to Controllers’ Decisions at IPAB – Part II: The Current Practice of Handling Appealed Matters at the Patent Office

Appeals to Controllers’ Decisions at IPAB – Part I: Manner in Which the Appeals are Getting Disposed of at IPAB

Is Intermediary Liability Decision in Shree Krishna Int’l v. YouTube Copyright Dispute in Line with MySpace?