Tag: amendments
September 10, 2021
Intellectual Property | Patent
Intellectual Property | Patent
Filing a patent in India: Understanding the three stage...
From filing a patent to its eventual grant, there are various stages that a patent application goes through in India. Patent filing is the primary step an inventor must initiate to protect their invention from being misused. Before a patent is granted, the Indian Patent Office (IPO) meticulously examines it, to ensure that the innovation sought to be patented is novel and involves an inventive step based on specific criteria. ......
February 2, 2021
Intellectual Property | Design
Intellectual Property | Design
Application Stages And Timelines
What are the various stages and the timelines involved in the grant of an Indian design application?
An Indian design application goes through the following stages, till grant:
Filing:
First application in India: It is recommended to file the first application in India as soon as possible after a design is conceived.
Convention design application......
February 1, 2021
Intellectual Property | Design
Intellectual Property | Design
What Can Be Protected In A Design Application
Six months after it became a signatory to the Locarno Agreement (which establishes a classification for industrial designs), on 25 January 2021, India notified the Design (Amendment) Rules, 2021 to formally adopt the “Locarno Classification”. ......
November 26, 2020
Intellectual Property | Patent
Intellectual Property | Patent
New Indian Patent Rules offer benefits to startups and ...
India’s latest series of amendments to its Patent Rules are likely to hugely benefit startups and small entities seeking patent protection for their inventions. With these amendments, overall filing and prosecution fees for startups and small entities have been significantly reduced. ......
January 15, 2020
Intellectual Property | Design
Intellectual Property | Design
Indian Designs Classification to align with Locarno Sys...
In a major change for the registration of designs in India, articles will now be classified in accordance with the Locarno system, further to India’s formal accession to the international treaty in mid-2019. Applicants will benefit hugely from this, as they will now have access to a single classification system in India and other countries that are parties to the treaty....
December 27, 2019
Intellectual Property | Design | Patent
Intellectual Property | Design | Patent
Startups and small entities receive special status in p...
The Government of India recently announced draft amendments to the Design Rules and Patent Rules with the primary objective of encouraging startups and small entities to protect their intellectual property. The proposed changes include new definitions of “startups” in the design rules (to align with corresponding changes on the patents and trademarks side), and significantly reduced filing and prosecution fees for startups and small entities. ...
March 6, 2019
Intellectual Property | Copyright | Trademark
Intellectual Property | Copyright | Trademark
Govt reconsidering limits on royalty payouts to foreign...
The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms for the use of trademarks and brand names, or for technical services. These limits were last applied in India nearly a decade ago. ...
December 11, 2018
Intellectual Property | Patent
Intellectual Property | Patent
Proposed amendments to Patent Rules 2003 impact examina...
The Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry have issued draft rules to amend the Patent Rules, 2003 (available here: See). The following major changes have been proposed in these draft rules: ...
Data Clean Rooms: The Future of Privacy-Compliant Data Collaboration
As organisations grapple with increasingly stringent privacy and data protection laws, the concept of the Data Clean Room (“DCR“) has emerged as a transformative solution that enables collaboration without compromising compliance.
The power of transition phrases in Indian patent drafting: the ‘Frimline’ Ruli...
Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco
Representations, Warranties and Covenants: What are the consequences of breach?
Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.
Pharmacyclics Continues the Divisional Applications Debate in India
In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.
An Analysis of the Reserve Bank of India’s Master Direction on Regulation of Payment...
On September 15, 2025, the Reserve Bank of India ("RBI") issued the Master Direction on Regulation of Payment Aggregators, 2025 ("Master Direction"), a framework governing both bank and non-bank entities engaged in the business of payment aggregation ("Payment Aggregators" or "PA").
Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...
The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.
Timing it Right: Delhi High Court on Pre-Grant Oppositions in India
What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.
Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2
In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").
Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...
The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").
When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...
An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.
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