A detailed legal analysis of a recent patent case. The article explores the interpretation of Section 3(i) of the Indian Patents Act, focusing on diagnostic methods. The court's decision, key arguments presented by the parties, and the technical aspects of the patent are discussed. The judgment emphasizes the distinction between diagnostic and non-diagnostic tests, highlighting the need for a case-by-case evaluation. The article delves into the complexities of patent eligibility, providing insights into the legal reasoning and technological considerations involved in the case

Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing

Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized prenatal diagnostics, enabling expectant parents to assess the genetic health of the fetus without invasive procedures. However, the eligibility of such diagnostic methods for patent protection, especially in light of Section 3(i) of the Indian Patent Act, 1970 (as amended) has been a subject of considerable legal debate. This article provides a detailed exploration of the Hon’ble Madras High Court’s judgment in the matter of The Chinese University of Hong Kong Knowledge Transfer Office and Sequenom, Inc vs The Assistant Controller of Patents & Designs[1], shedding light on the technical and legal aspects that guided the court’s decision-making process. Non-Invasive Prenatal Testing (NIPT) Non-Invasive Prenatal Testing (NIPT) involves analyzing cell-free fetal DNA present in the maternal bloodstream to detect genetic abnormalities in the fetus. Unlike traditional prenatal testing methods that carry inherent risks, NIPT offers a safer and more accurate…

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generic medicine vs branded medicine

Branded Medicines vs. Generic Medicines: The Role of Patents

In the pharmaceutical industry, the distinction between branded and generic medicines is an essential one. Understanding this distinction is crucial not just for medical professionals and patients, but for legal practitioners who navigate the complex world of pharmaceutical patents. This article seeks to provide a clear overview of branded and generic medicines and the role played by patents in their development and distribution. 1. Branded Medicines: What are they? Branded medicines, also known as innovator drugs or proprietary medicines, are developed by pharmaceutical companies after extensive research and clinical testing. Once a new medicine is created, the manufacturing company seeks approval from the relevant regulatory body (like the FDA in the United States) to sell the drug. Upon approval, the medicine is given a brand name under which it is marketed. 2. The Role of Patents Patents play a central role in the world of branded medicines. A patent grants…

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Microsoft vs. Indian Patent Office – Decisions by Delhi High Court on Software Patents in India

The part of this series focuses on the two recent judgments of the Delhi High Court passed in the statutory appeals filed by one of the leading technology giants Microsoft in the matters of Microsoft Technology Licensing, LLC v. The Assistant Controller of Patents & Designs[i], and Microsoft Technology Licensing LLC v. Assistant Controller of Patents and Designs[ii]. These judgments pertain to statutory appeals against refusal of a grant of patent applications, whereby the Delhi High Court has recommended the Indian Patent Office to adopt a broader strategy in appraising computer-related inventions. Such inventions are to be examined from the standpoint of their technical improvements and their functional significance in addressing concrete issues brought forth by such creations. The judgments provide an opportunity to revisit the concepts embodied under Section 3(k) of the Patents Act, 1970. Brief Facts: 1. Microsoft Technology Licensing, LLC v. The Assistant Controller of Patents &…

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Understanding Copyrights & Cover Versions: A Detailed Exploration

Introduction The world of music is vast and filled with creativity, with musicians often drawing inspiration from others. This can lead to the creation of cover versions of original songs, a widespread and popular practice in the music industry. But how do copyrights interact with cover versions? What all safeguards an artist needs to take for developing a cover version? To understand this, one must delve into the intricacies of copyright law and its implications for cover versions. Definition of Cover Versions As per Section 31C of the Copyrights Act, 1957, a cover version, subject to the provisions of the said Section, is a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work. In one of the first matters pertaining to label records,…

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Vision PRO Apple

Apple’s Entry Into The Metaverse: Unpacking The Patents Behind Vision Pro VR Headset

Apple Inc., a global leader in technology and innovation, is making significant strides in the realm of virtual reality (VR) with its much-anticipated Vision Pro VR headsets. The company's patents reveal a fascinating glimpse into the future of immersive technology, promising a revolutionary user experience that could redefine the VR landscape. A New Era of Immersive Experience One of the most intriguing patents held by Apple is Patent 11,450,297. This patent relates to a mixed reality headset with three internal displays. The design aims to enhance user immersion by covering the user's peripheral vision with two lower resolution "peripheral displays" on both the right and left side of the central display area. This innovative approach addresses a common limitation in current VR headsets, where the user's peripheral vision is often neglected, detracting from the immersive nature of the VR experience. Beyond the Remote: A New Controller Paradigm Another intriguing patent…

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Recent Discussions

Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing
October 13, 2023

Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized prenatal diagnostics, enabling expectant parents to assess the genetic health of the fetus…

Recent Discussions

Branded Medicines vs. Generic Medicines: The Role of Patents
September 8, 2023

In the pharmaceutical industry, the distinction between branded and generic medicines is an essential one. Understanding this distinction is crucial not just for…

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