Bringing you the Best Analytical Legal News
Apart from the formation of Code of Conduct for Patent and Trade Mark agents, the Delhi High Court also found a requirement to put in guidelines for solicitation and advertising.
“It is not in doubt that the composition is at best a derivative and would be the same substance as the ‘known substance’, therefore, unless and until significant enhancement of therapeutic efficacy is shown, such a composition would not be liable to be granted patent protection.”
“There is an imperative necessity to balance the inventor’s interest and secure public interest and thus ensure that the claim does not travel beyond the invention itself.”
“The line of demarcation between diagnostic and non-diagnostic tests may not always be bright and could blur on occasion; even so, there is sufficient support both in the text and immediate context of the expression “diagnostic” in Section 3(i)”
Delhi High Court observed that when assessed, by the maxim generalia specialibus non derogant or by the maxim lex posterior derogat priori, the Patents Act must prevail over the Competition Act on the issue of exercise of rights by a patentee under the Patents Act.
Many inventions in emerging technologies including by SMEs, start-ups and educational institutions can be in the field of business methods or application of computing and digital technologies, therefore, there is a need to reconsider the exclusions in Section 3(k) of the Patents Act, 1970, in view of the growing innovations.
by Pulkit Doger†
Cite as: 2023 SCC OnLine Blog Exp 39
by L. Badri Narayanan† and Gopal Machiraju††
Cite as: 2023 SCC OnLine Blog Exp 4
Delhi High Court: In a case where an appeal was filed against the order of Controller General of Patents and
by Akber Ahmad† and Maria Fatima††
by Dr Uday Shankar*
G.S.R. 581 (E).—In exercise of the powers conferred by sub-section (1) of Section 156 of the Customs Act, 1962 (52 of 1962),