Is Messenger RNA Patent-Eligible?

/ By / Others

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. For mRNA, sections 3(c), 3(d), 3(i) and 3(j) are of relevance. Section 3(i) broadly excludes […]

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SpicyIP Weekly Review (July 17- July 23)

/ By / Copyright, Geographical Indication, Others, Patent, Trademark

Last week we published a literature review cum blog post on Artificial Intelligence and IP. We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. Anything important we’re missing out on? Drop us a comment below!  This post is co-authored with SpicyIP intern Abhijeet Audichya. Abhijeet is a fourth-year law student at Hidayatullah National Law University,

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Artificial Intelligence and IP: A Literature Review

/ By / Others

With a plethora of developments and discussions on AI and AI based innovations, almost everyone has an opinion on how it should develop! While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India. In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various

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SpicyIP Weekly Review (July 10 – July 16)

/ By / Copyright, Others, Patent, Trademark

[This weekly review is co-authored with SpicyIP Intern Yashna Walia. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law.] Last week saw blogposts on the history of the Berne Convention, data questioning whether patent filing and grant numbers tell the full story, and criticism of the EPOs patent grants. We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition

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The Wonder That is Berne

/ By / Copyright

Readers will recall that last month Swaraj announced our IP History series which was followed by Shivam’s incisive posts on India’s entanglement with Berne Convention and the Stockholm Conference. We are now very pleased to bring an intellectually delightful stream of consciousness piece by Achille Forler, triggered in response to our IP History posts. A longtime friend of the blog, Achille is currently serving as an Advisor to the Board of the Indian Performing Right Society. He is also the

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Who’s Filing These Patents, and Are They Working Alright? Looking at the Data from the IPO Annual Reports

/ By / Patent

[This post is co-authored with Swaraj Paul Barooah and Anshuman Kar. Anshuman, a SpicyIP intern, is a third year law student at National Law University, Odisha.] As per the data in the 2021-22 IP India Annual Report, a total of 66,440 applications were filed in India, which is 7,937 applications more than the last year’s filings (58,503). Appreciating the trend of rising patent applications and eventual grants, last year the Minister of Commerce lauded the efforts of the DPIIT in “strengthening”

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EPO Decisions – The Not So Holy Grail?

/ By / Patent

Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation. This heightened interest in patent quality has gained significant attention from different stakeholders due to the criticism that the European Patent Office (EPO) management has been facing for the declining quality of

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SpicyIP Weekly Review (July 3- July 9)

/ By / Copyright, Patent, Plant Variety Protection, Trademark

Last week, we had some interesting discussions on the blog and saw some important IP development across the courts. We featured a total of 5 posts discussing 2 significant orders from the Karnataka High Court on Twitter’s writ petition against blocking orders issued by the GOI, and on the copyright infringement complaint filed against the Indian National Congress. We also highlighted that the CGPDTM will recruit 553 Patent and Design Examiners with the help of an autonomous organization, the Quality

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How India Learnt to Stop Complaining and Love Copyright

/ By / Copyright, Others

[This post is a part of the IP History series and is authored by Shivam Kaushik. Shivam is a 2020 law graduate from Benaras Hindu University and is presently working as a law researcher at the Delhi High Court. The first post of the series on India and the Berne Convention can be accessed here and his previous posts can be accessed here.] In the story of Indian copyright law, the city of Stockholm has a prominent place. We copyright

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CGPDTM to Recruit 553 Patent and Designs Examiners via QCI

/ By / Patent

Starting the day with some good news, the office of Controller General of Patent Designs and Trademarks (CGPDTM) has issued a notification for recruiting 553 Patent and Designs Examiners! However, it will be done via the Quality Council of India – more details on that later below. Those familiar with the Indian IP administration will know that an inadequate workforce is a systematic challenge that has plagued the functioning of the Indian patent office and the office of CGPDTM, generally,

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