Tag: Biotechnology
March 16, 2020
Intellectual Property | Patent
Intellectual Property | Patent
Valid claiming of priority rights in patent application...
On 16 January 2020, the European Patent Office (EPO) Board of Appeal revoked a patent related to CRISPR/Cas9 technology, and in doing so delivered one of the most anticipated decisions in the field of biotechnology patents in recent times. This gene-editing technology, which is the subject of a bitter battle for intellectual property rights between two rival parties - The Broad Institute and the University of California (UC), Berkeley, is revolutionizing research in biotechnology....
October 22, 2018
Intellectual Property | Patent
Intellectual Property | Patent
Usefulness and claim construction of nucleic acid seque...
Essenese Obhan, Managing Partner at Obhan Mason, explores the two clauses that clarify how a nucleic acid sequence, without indication of a function, does not contain any technical information and is not a patentable invention. The key requirement of patentability is that the invention must be ‘capable of industrial application’; claim construction must be based on it being non-obvious and useful. These are the aspects studied to understand why nucleic acid sequences don’t fall in the the patentable category....
Revised ECB Framework: Borrowing From Tomorrow
The Reserve Bank of India (the “RBI”) has amended the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 through the Foreign Exchange Management ...
Startup India 2.0: A Deep Tech Reset
The Indian government has updated the definition, eligibility criteria, recognition process, and compliance framework for startups, and introduced a new category ...
Limits of Director Liability: The Supreme Court on Piercing the Corporate Veil during Exec...
The corporate veil acts as a legal metaphor for the protective barrier that separates a company's obligations and liabilities from the personal assets of the individuals ...
Riyadh Ready: Harmonising India’s Design laws with Global Standards
Following India becoming a signatory to the Riyadh Design Law Treaty (“DLT”), discussed here, the Department for Promotion of Industry and Internal Trade (DPIIT) has released ...
The Hirotsu decision: India tightens the screws on diagnostic patents
The law on the patentability of diagnostic methods in India is very clear: they are not patentable under Section 3(i) of the Indian Patents Act, 1970. Over the last few years, the jurisprudence surrounding this exception to ...
India’s New Deepfake Regulation: MeitY Notifies Amendments to Information Technology...
On February 10, 2026, the Ministry of Electronics and Information Technology ("MeitY") notified the Information Technology (Intermediary Guidelines and Digital Media Ethics ...
The Registrar’s “Undo” Button: The Lambretta case and Section 19 of India’s Trademark Act
Trademark disputes rarely move in straight lines. Sometimes, well before a mark becomes opposition-worthy, disputes around ownership may emerge.
Data Protection as a Closing Condition: Rethinking Risk Allocation in Indian Tech Deals
Data protection has historically been considered a compliance issue during transactions, which is generally identified during diligence and only tackled after closing ...
Limits of Claim Construction: Preamble vs. Characterising Clauses in Indian Patent Dispute...
Claim construction is an important aspect of infringement analysis. In several jurisdictions, such as the United Kingdom, Germany, and the European Union...
Urgency in IP Suits: No more Pre-Institution Mediation Hurdles in India?
In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution.
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