Patent

August 1, 2024
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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
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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
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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
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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
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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. ......
May 13, 2024
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Law Commission proposes a draft Bill on Trade Secrets f...

Trade secrets are a form of intellectual property (IP) that usually refers to some type of commercially valuable data, information or knowhow relating to a business, which is not known to the public and has been subject to reasonable efforts by its owner to keep it secret. ......
March 19, 2024
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Patent (Amendment) Rules, 2024: Key Changes

The Ministry of Commerce and Industry has, on March 15, 2024, notified the Patents (Amendment) Rules, 2024 to amend the Patents Rules, 2003 (“Amended Rules”), making significant changes to Indian patent practice and procedure. The Amended Rules have already come into effect from the date of publication, i.e., March 15, 2024. ......
February 15, 2024
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Patentability of Diagnostic Methods in India

Among the many exclusions to patentability, the Indian Patents Act, 1970 (“the Act”) also excludes “diagnostic methods” under Section 3(i). But the term itself has been applied inconsistently by the Indian Patent Office (“IPO”). This note discusses a recent decision of the Madras High Court on the interpretation of this term and its implications on related patent applications. ......
February 3, 2024
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Patentability of Graphical User Interfaces in India

Graphical User Interfaces (GUIs) are no longer just basic interfaces; but are an integral component of the user experience. From AI powered chatbots that assist a user, to virtual reality experiences, there have been significant innovations in this field. Globally, the number of patent applications published in the field of GUIs has nearly doubled in the past three years, with over 20,000 published in 2023 alone. ......