January 27, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Are plant treatments to be treated as agriculture?: Ind...
The question of whether an invention for a method of treatment of plants is also a method of agriculture or horticulture, and therefore, excluded from patentability, has been laid to rest by multiple decisions of Indian high courts. This note discusses three recent cases from the Delhi and Calcutta High Courts, which discuss the applicability of Sections 3(h) and 3(i), and will significantly impact patent applications in this space. ...
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January 21, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Essentially Biological Processes for Production of Plan...
Indian law excludes from patentability ‘essentially biological processes’ under Section 3(j) of the Patents Act, but does not explain what degree of human intervention can shift an invention away from being deemed ‘essentially biological’. A recent decision of the Madras High Court attempts an interpretation of this provision, highlighting also the importance of well reasoned orders from the patent office. ......
January 16, 2025
Intellectual Property | Patent
Intellectual Property | Patent
In Perfect Time: When to file divisional applications
Divisional applications must be filed before the parent patent application is granted or rejected, but getting the timing right can be tricky, especially when it is not known as to when the grant or rejection will actually take place. A recent case from the Madras High Court offers insights as to when divisional applications must be filed in different scenarios. ......
December 24, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Nothing to Declare?: New Form 27 puts Patentees in Indi...
A unique requirement in Indian patent law requires patentees and licensees of granted patents to file statements as to whether their patented inventions are being worked on a commercial scale in India. The format for this ‘Statement of Working’ (SOW) is contained in Form 27 of the Indian Patent Rules, 2003. ... ...
August 1, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Decriminalised offences under the Indian Patents Act
The Indian government has notified amendments to the Indian Patents Act, 1970, which decriminalises minor offences and revises penalties. These amendments go into effect from 1 August 2024. ... ...
July 4, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Shortcuts in patent filing will not work: Bombay HC
Bombay High Court clarifies that patent applicants must provide substantive and complete responses to first examination reports, in order to meet the compliance requirements under Section 21(1) of the Patents Act, and to avoid the application being deemed abandoned. ...
June 27, 2024
Intellectual Property | Patent
Intellectual Property | Patent
WIPO’s new Treaty to help combat misappropriation of Tr...
Traditional knowledge (TK), according to the World Intellectual Property Organisation (WIPO), is the knowledge, know-how, skills, and practices based on the experience of indigenous people. It is developed, sustained and passed on from one generation to another within a community, often forming part of its cultural or spiritual identity. ...
May 30, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Appeals against Pre-grant Patent Oppositions and Exhaus...
Patent laws, including in India, usually allow oppositions to be filed against patent applications, either before or after they are granted. Appeals against decisions in opposition matters may also be permitted in some cases. In India, an appeal against a decision of a Controller may be filed in post-grant oppositions, but the law is not as straightforward when it comes to appeals in pre-grant oppositions. ......
May 24, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Patent non-disclosures turn out costly for Google in In...
False or incomplete disclosures can be costly - this follows from a recent decision of the Delhi High Court, where the global technology giant Google had to not just forgo its patent application for not meeting conditions of patentability, but also pay a fine for not providing complete and correct information of corresponding foreign filings in connection with the application. ......