Intellectual Property

Driving – or the controlled operation and movement of a vehicle - is not an overwhelming task for humans. But what goes into the mechanics of driving is a complex operation of vehicle controls while constantly monitoring surroundings. This is in fact a mammoth task and machines have been limited to driver-assisted roles for decades. ......

Patent prosecution is the centerpiece of the process of obtaining a patent. The proceedings during prosecution serve as important legal guidance on the patentability of the invention, and successful prosecution is key to ensuring that patent rights are protected. ......

Patents, like other forms of intellectual property, are jurisdiction specific. In other words, you obtain protection only in those jurisdictions where you have sought protection. The application process is long, and can stretch for months, or even years on end. While the end result, if successful, can be immensely satisfying and rewarding, the prospect of having to repeat this process in other countries can be quite overwhelming. ......

Under Indian trade mark law, the term “well-known trademark” refers to a mark which has become so well-known to a substantial segment of the public through its extensive and continuous use such that its use in relation to any other goods or services by another party may be taken as indicating a connection between the two parties. ......

The principle of “unity of invention” is near universal to patent law and entails that a single patent application must relate to a single invention or to a group of linked inventions having a ‘single inventive concept’. If the application lacks unity of invention, the applicant may split the original application, and file a “divisional application” seeking protection for the (additional) plurality of inventions. ......

Under Indian trademark law, any person claiming to be the proprietor of a trademark may apply to register the trademark. The trademark may either be in use or proposed to be used. Generally, the person who uses or controls both the use of the trademark and the nature and quality of the goods or services to which it is affixed, is considered the owner of the trademark. ......

When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ......

One of the three universal requirements for the grant of a patent is that the patent must be for a new invention. The Indian Patents Act, 1970 (the Act) defines a ‘new invention’ in Section 2(l) as ‘any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification. ......

Official trademark fees in India for filing a trademark, as well as fees related to aspects of trademark prosecution, such as opposition, renewal, expedited registration, etc., are provided in the First Schedule of the Trade Mark Rules, 2017. If the fees are not paid or are insufficient, then the document or form provided in connection with a particular process will be deemed not to have been filed. ......