Patent Law

Why Patents Get Challenged After Approval ๐ŸŽฏ


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๐Ÿ›๏ธ The Patent Paradox That Confuses Everyone

๐ŸŒŸ Imagine spending millions developing groundbreaking technology, getting a patent approved, and then having to prove your patent should have been granted in the first place! This episode unravels why patent validity challenges happen and how they work.

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” Why companies challenge patents even after government approval
  • โš–๏ธ The dual strategy dilemma - can you fight the same patent in two different courts?
  • ๐ŸŽฏ Section 64 grounds that can destroy any patent instantly
  • โญ The burden of proof game-changer that surprises most people

๐Ÿš€ Real Cases Discussed:

  • ๐Ÿ’Ž Dr. Eloy Woben vs. Yogesh Mehra - The wind turbine technology battle that clarified patent challenge rules
  • โšก Enercon India licensing dispute - How a licensing agreement turned into a patent validity war

๐ŸŽช The Strategic Chess Game:

  • ๐Ÿ›๏ธ IPAB revocation petitions vs. High Court counter-claims
  • ๐Ÿ“‹ Section 64(1) Patent Act 1970 - the patent killer provisions
  • ๐Ÿ”ฌ Novelty, inventive step, and obviousness - decoded for everyone

๐ŸŽ™๏ธ By the end, you'll understand why getting a patent is just the beginning of the battle, not the end - and how smart companies navigate this legal minefield!

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Patent LawBy Sharad Bansal