Tag: FAQs

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. ......

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. ......

Under Indian patent law, various types of patent applications may be filed at the Indian Patent Office (“IPO”). This note discusses the different types of applications accepted at the IPO, and specific considerations relating to each type. ......

The official fee for a patent application in India is calculated on the basis of the following factors: • the type of applicant, • number of priorities (additional fee for each priority above 1), • the total number of pages (additional fee for each page above 30) and • the number of claims in the application (additional fee for each claim above 10). ... ...

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules, 2021") were enacted in February 2021, imposing strict due diligence requirements on intermediaries. On various grounds, a spate of petitions were filed in India's High Courts contesting the constitutional validity of the IT Rules, 2021. ......

A patent application can be filed either alone or jointly, by any person claiming to be the true and first inventor of the invention, or by the assignee of such person, or the legal representative of a deceased person who immediately before their death was entitled to make such an application. ......

The Indian Patent Office is responsible for administering the Indian law of patents, and its roles include patent administration, patent duration, and patent renewal, among other things. There are four patent offices in India, located in different cities, i.e., Chennai (in southern India), Delhi (in northern India), Kolkata (in eastern India), and Mumbai (in western India). In geographical terms, these four offices cover the length and breadth of the entire country. ......

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. ......