Ramanujan's Patent Law

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Description
I must admit that this commentary is unexpected. When I completed the revised edition of my earlier work, Patent Law Cases and Materials: A Synthesis for India, in 2021, I did not expect to be authoring a commentary on patent law just a few later. The establishment of the Intellectual Property Division (IPD) in the Delhi High Court, followed by the Madras High Court and the Calcutta High Court, has significantly transformed the intellectual property landscape in India. There has been an explosion of patent law jurisprudence in a very short period since the creation of the IPDs. We have seen not only a surge in the number of judgments related to patent matters but also an increasing willingness among Indian judges to tackle cutting-edge issues and nuanced points in patent law.
A notable example is the extent to which Indian courts are addressing the obviousness standard in patent law, along with the inherently complex and paradoxical concept of the person skilled in the art' (more on why this concept is complex and paradoxical in Chapter 9). The developments in the interpretation of Section 3(i), in which I had the honour and privilege of assisting two courts as amicus curiae, and the evolving jurisprudence in Section 3(k) regarding the patentability of computer-implemented inventions and business methods, exemplify this trend. Additionally, we have witnessed a dramatic rise in litigation concerning standard essential patents (SEPs) in India. It may not be entirely incorrect to assert that India has emerged as a key jurisdiction in the development of SEP jurisprudence.
As a practitioner in the trenches, by early 2023, it became evident that my earlier work was insufficient to assist courts and practitioners in this rapidly evolving landscape. The quantitative and qualitative leap in patent law jurisprudence indicated that the "Cases and Materials" structure might no longer be adequate. I began this new work in January 2023, with substantial efforts commencing in the summer of 2023.
Indian courts and practitioners continue to enrich this evolving patent law jurisprudence, taking into account first principles, historical guidance from the Ayyangar Committee, and best practices and concepts from other jurisdictions. This assimilative approach is distinctly "Indian," given our rich history and culture. I employed this holistic approach in my earlier work and continue to do so in this commentary, considering the text, context, object, and purpose, as well as international jurisprudence on patent law. It is vital to understand our history while also knowing when to move forward. I have strived to do this in several chapters concerning the interpretation of various provisions of our legislation that may have become outdated.
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Contents
1. Preliminary.
2. Introduction to The Patents Act, 1970.
3. Select Issues in Prosecuting a Patent Application
4. Amendments
5. Oppositions and Revocations.
6. Novelty
7. Inventive Step
8. Capability of Industrial Application
9. Person Skilled in the Art (PSITA) and Expert Evidence.
10. Sufficiency and Clarity
11. Prior Claiming
12. Assessing Novelty and Inventive Step in Genus-Species and Species-Genus Cases
13. Non-Patentable Subject Matter (Miscellaneous)
14. Non-Patentable Subject Matter: New Form Exclusion under Section 3(d) and Section 3(i)
15. Non-Patentable Subject Matter (Biotechnology and Agriculture)
16. Non-Patentable Subject Matter (Software, Business Methods, Mathematical Methods, and Algorithms)
17. Claim Construction
18. Infringement
19. Remedies
20. Standard Essential Patents (SEPs)
21. Compulsory Licence
Epilogue by Justice Senthilkumar Ramamoorthy...
Subject Index.
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Author Details
Adarsh Ramanujan is a patent agent and an independent litigation attorney with a broad counsel practice, having represented clients across sectors ranging from pharmaceuticals and biotech to textiles and telecom. His diverse legal practice spans a wide array of disputes, including intellectual property (IP) litigations, commercial arbitrations, competition law, insolvency and bankruptcy matters (IBC), contractual disputes, international disputes, and biodiversity law, among others, which have further enriched his legal expertise. His career is distinguished by his extensive experience in international disputes, which is bolstered by a three-year tenure in Geneva, Switzerland.
Adarsh's work has taken him before numerous forums, including arbitral tribunals, domestic courts, and prestigious international bodies such as the World Trade Organization (WTO), the European Union Commission, and the US Department of Commerce. He is also one of the youngest advocates to have represented a sovereign government as lead counsel before the WTO, a testament to his deep understanding of complex legal landscapes.
Throughout his career, Adarsh has consistently engaged with cutting-edge legal issues, particularly in IP law. He has argued and assisted in significant cases before the Supreme Court of India, multiple High Courts, and specialised tribunals. His notable contributions to patent law and IP jurisprudence in India have made him a sought-after litigator in these domains.
Before establishing his independent practice, Adarsh was a Joint Partner with the leading law firm Lakshmikumaran & Sridharan. He has also authored Patent Law: Cases and Materials: A Synthesis for India (2021), a widely acclaimed work in the field of patent law, for which he received high praise from luminaries in the legal field, including a foreword by Hon'ble Ms. Justice Prathiba M. Singh and an afterword by Dr. A. M. Singhvi.