Tag: indian patents

Patent Claim Drafting

What are Patent Claims and Why Should You Get It Right?

A patent claim sets the boundaries for an invention by highlighting what the invention covers and does not cover. In simple terms, the patent claims define the subject matter (i.e., product or process) for which patent protection is being sought and the rest of the patent specification including any drawings explains the technical details of the invention in detail. Basically, the protection by way of patent grant is given for the claims and not any other part of the complete specifications. Having mentioned that, one cannot simply state statements about the inventions as claims nor one should interpret the term ‘Patent Claim’ to mean as describing what the invention achieves in a broad sense. The Patent Law in general across all jurisdictions require the patent claims to be recite specific technical features of the invention in a techno legal language. One of the main reasons for this strict requirement is…

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complete speficiation

Patent Specification- Laws in India

A patent is a statutory right granted for a limited period to an applicant for either a product or a process. In the case of a product patent, the patentee can exclude or prevent others who do not have his consent, from the act of making, using, offering for sale, selling, or importing for those purposes that product in India. Similarly, in the case of a process patent, the patentee can exclude others from the act of using that process, and from the act of using, offering for sale, selling, or importing for those purposes the product obtained directly by that process in India.[i] But, what is right given for? This right is given in lieu of the complete disclosure of the invention made by the patentee to the common mass and this system is commonly known as “quid pro quo”, i.e. “something for something”. There are several objectives behind…

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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…