Tag: Opposition

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Challenging a Patent Application or a Patent in India

A patent is a statutory right granted to prevent any third party, who does not have the patent owner’s consent from using his patented invention. To know more about patents, please refer to the article “What is a Patent?” While patents are granted after examination of the invention by the respective patent offices, these patent rights are not absolute in most jurisdictions. This means that the patents and even patent applications can be challenged at any stage post-publication of the patent application or during the lifetime of the patent. It is an established position of law in India that there is no presumption of validity of a patent.[i] Also, Section 13(4) of the Patents Act, 1970, (“Act”) provides that the examination and investigations conducted by the Indian Patent Office under Section 12 of the Act shall not be deemed in any way to warrant the validity of any patent. Considering…

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Exploring the Intersection: NFTs, Blockchain, and the Evolving Landscape of Copyright
May 30, 2023

BLOCKCHAIN TECHNOLOGY In order to understand the concept of NFTs, it is important to delve into the concept of blockchain technology. Blockchain technology…

Recent Discussions

Patent Publications vs Scientific Journal Publications: Understanding the Key Differences
April 9, 2023

Patent publications and scientific journal publications are two types of documents used to disseminate information about new inventions and scientific discoveries. While both…