Intellectual Property

Patent applications for inventions containing biological materials must fully and particularly describe such use of biological materials in the specification. The Indian Patents Act, 1970 (“the Act”) does not define biological materials, but guidance can be found in the European Convention, according to which biological material includes any material that contains genetic information and is capable of reproduction by itself. ......

Cosmetic compositions and methods, like any other inventions, are expected to meet the three step requirement of patentability in India before being granted protection under law, i.e., the invention must meet the criteria of “Novelty”, “Inventive step” and “Industrial Application”. ......

Stem cells are cells that can differentiate or develop into many different types of cells. This unique characteristic grants them great medical significance as they can unravel many secrets about living organisms, diseases, and mortality, and may even be able to treat them. ......

Can it be a good strategy for companies building new-age technologies? The world right now appears to be split between two groups of people having different set of ideologies when it comes to the future of innovation and proprietorship of technology. The first kind are the open-source evangelists and the second, the pro-patent capitalists. ......

Indian patent law places a unique requirement on patent applicants and holders to not only inform the Indian patent office (“IPO”) of applications filed in other jurisdictions for the same or similar invention but also to periodically update the IPO on the status of these applications. Failing to meet this requirement, under Section 8 of the Indian Patents Act, 1970 (“the Act”), may invite revocation proceedings against a granted patent. ......

At the heart of a patent application lies its claims. A claim is a signifier of the scope of protection that is sought under the patent. Claims are the first and most important aspect to be examined during prosecution, infringement, and litigation. Every patent application must be accompanied by at least one claim, and usually, an application contains several more. ......

When filing a patent application in India, several documents and information are required to be submitted before the Indian Patent Office (IPO). To begin with, a provisional or complete specification in either English or Hindi must be filed along with the application. ......

This is the second part of a discussion on synergism and the patentability of compositions in India, which details the manner in which patent applications for compositions have been prosecuted by the Indian Patent Office (“IPO”) over the years. The first part describing the ways in which synergistic effect may be demonstrated can be. ......

The patentability of compositions is governed by two key provisions in the Indian Patents Act, 1970 (“the Act”), i.e., the requirement that in order to be patentable, an invention must be novel, include an inventive step, and have some industrial applicability (Section 2(1)(j)), and the requirement that a substance obtained by a mere admixture resulting only in the aggregation of the properties of its components or a process for producing such substance is not patentable (Section 3(e)). ......