Patent Eligibility and the Logic of Law and Science

Prashant raised very pertinent point in response to my last post on “patent competence” stating that: “As is obvious from the procedural and evidentiary mistakes that are happening before the Patent Office, the law component of the Patent Agent Examination is completely inadequate. A simpler option, in my opinion, would be to include some compulsory legal subjects as a part of the qualifying examination to become a patent agent. For e.g. the Law of Evidence, Statutory Interpretation, constitutional law, legal […]

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Patent Competence?

We’ve had some very provocative posts on the qualifications necessary for patent practice in India. While some thought that a science/technical degree was an absolute must, others disagreed. A lot of these different view points hinged on the kind of patent practice that one was speaking about: patent drafting/prosecution vs patent litigation/advisory. Most appeared to agree that for patent drafting and prosecution, a science/technical degree was a must. However, here again, an issue was raised: can a software engineer draft

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Romanticising Innovation and Showcasing Reality

Readers may recollect an old and favourite theme of mine, “Romanticising Innovation”. The basic idea being that notwithstanding our highly politicised debates around patents, we ought not to lose our focus on innovation. In fact, we must actively romanticise innovation and creativity. This is likely to yield far better dividends than continuously barking up the “patents” tree. I elaborate on this aspect in an article in a FICCI newsletter, touching on the movie 3 Idiots, grassroots innovation and utility models.

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SpicyIP Tidbit: Hyderabadi Haleem gets dubious GI tag

From my own hometown [:-)], the famous- and extremely yummy- Hyderabadi Haleem has now been recognised as a Geographical Indication. Now, while noone who has eaten Haleem will deny its unfailing quality to make the mouth water, this GI tag is already under some scrutiny. One of our regular commentators/content providers, Mr. RS Praveen Raj, in this report of The Hindu, has said that just like the Tirupati Laddu, the Hyderabadi Haleem perhaps is not worthy of a GI Tag,

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A Layman’s Narrative of Patents, TK and Biopiracy

As many of you may know, SpicyIP has been around for about 5 years now (since 2005). Since then, we’ve mainly conveyed the latest in Indian IP through the medium of “text”. Often times, we’ve used “images” too. However, we’ve fallen short on the video (and youtube) count. All that is set to change. We bring you our first video, albeit an amateurish and rather badly shot one (from my digital camera). What amazed me was the fact that a

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Off Topic: IDIA and Legal Reasoning Competition

For those of you blessed with the talent to craft clever questions on legal reasoning, there’s a competition being run by the IDIA project. IDIA (Increasing Diversity by Increasing Access to Legal Education) seeks to enhance access to legal education by training kids from underprivileged backgrounds for the law entrance examination (CLAT). The hope is that with intensive CLAT (and English) training, some of these children might make it to the premier law schools in India and have a shot

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SpicyIP Tidbit: CGPDTM Releases a List of ‘Scientific Advisors’

The Controller General of Patents has released a list of ‘Scientific Advisors’ who can advise Courts on the scientific and technical aspects of patent litigation. Courts have the power to appoint such advisors under Section 115 of the Patents Act, 1970. The Controller General had published a notice inviting applications for these positions on 10 September, 2009. The notice and application for the same can be accessed over here and here. Applications were sought in four classes of advisors, with

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Issuing "Radio" Compulsory Licences in the Wake of a "Mirchi" Controversy

As expected, a writ petition has been filed challenging the legality of the appointment of the current chairman of the Copyright Board, Raghbir Singh. This came up before Justice Sikri of the Delhi High Court yesterday and notices have been issued. We’ve been dealing with this controversial appointment in several earlier blog posts. In one of these posts, I had questioned his eligibility on the ground that he was 66 years old at the time of his appointment and therefore

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SpicyIP Tidbit: WSJ criticizes DCGI report on spurious drugs in India

The Wall Street Journal in its Sept 3rd edition carried an article by Dr. Roger Bate criticizing an exhaustive report on spurious drugs in India that was prepared jointly by the office of the Drug Controller Of India and the Indian Statistical Institute (ISI). This report which can be accessed over here was released late last year and was one of the most comprehensive reports on the prevalence of spurious drugs in India. (Please click here to access a well

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Off-Topic: Research- What Does It Demand?

In the last post, I had penned a few rudimentary non-novel obvious thoughts on what it takes to nurture a culture of innovation based on Prof.Vijay Govindarajan’s (VG) work. In this post, I intend to delve deeper into one of VG’s recurring themes (“leitmotifs”) – absence of fear of failure. I had an interesting experience which I wish to draw from, to articulate better on this point.  (Disclaimer: This post could be slightly off-topic, with an extended introduction (“bhoomika”, if

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