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ARTICLE · 28 MAY 2024

Patent Year Book 2023-2024

Saikrishna and Associates, Advocates
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In its judgment dated 07 February 2024, a Division Bench ruled on the interpretation and scope of product-by-process claims, holding that,

IndiaIntellectual Property

Division Bench Judgments

  • DB interprets product-by-process claims.

In its judgment dated 07 February 2024, a Division Bench ruled on the interpretation and scope of product-by-process claims, holding that,

  • Product-by-process claims:Patents Act confers patent protection to both products and processes. A product-by-process claim is an amalgam or hybrid, which straddles the otherwise discernible and recognized distinction between products and process patents per se. Product-by-process claims relate to a novel and inventive product, which is unknown in prior It would remain a product which is within the ambit of Section 48(a). However, a product is not novel merely because it is produced by a new process, if such is the case it would be treated and granted as a process patent.

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