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Patentability of Selection Inventions – Analysis of recent Delhi High Court decisions

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Manage episode 361328178 series 2986897
Content provided by Lakshmikumaran & Sridharan Attorneys. and Sridharan Attorneys.. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Lakshmikumaran & Sridharan Attorneys. and Sridharan Attorneys. or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Patentability of ‘Selection Inventions’ has been a hotly contested issue in India, especially in the context of pharmaceutical inventions. A selection patent is one whose subject matter (compounds or compositions) forms part of a larger known class or Markush structure of compounds which is the subject matter of a prior patent. A selection patent, referred to as species patent, has a specific coverage while the prior patent, referred to as genus patent, has a broader coverage. Recently, two decisions of the Delhi High Court have adjudicated patentability of the species patent with respect to the genus patent as part of infringement proceedings.
Link: Patentability of Selection Inventions – Analysis of recent Delhi High Court decisions | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)
Audio Source: An article published on the LKS website in April 2023.
Authors:
Gursimran Singh Narula, Associate and Vindhya S. Mani Associate Partner, LKS

  continue reading

165 episodes

Artwork
iconShare
 
Manage episode 361328178 series 2986897
Content provided by Lakshmikumaran & Sridharan Attorneys. and Sridharan Attorneys.. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Lakshmikumaran & Sridharan Attorneys. and Sridharan Attorneys. or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Patentability of ‘Selection Inventions’ has been a hotly contested issue in India, especially in the context of pharmaceutical inventions. A selection patent is one whose subject matter (compounds or compositions) forms part of a larger known class or Markush structure of compounds which is the subject matter of a prior patent. A selection patent, referred to as species patent, has a specific coverage while the prior patent, referred to as genus patent, has a broader coverage. Recently, two decisions of the Delhi High Court have adjudicated patentability of the species patent with respect to the genus patent as part of infringement proceedings.
Link: Patentability of Selection Inventions – Analysis of recent Delhi High Court decisions | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)
Audio Source: An article published on the LKS website in April 2023.
Authors:
Gursimran Singh Narula, Associate and Vindhya S. Mani Associate Partner, LKS

  continue reading

165 episodes

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