Tag: Indian Patents Act
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. ...
February 3, 2024
Intellectual Property | Patent
Intellectual Property | Patent
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. ......
February 6, 2023
Intellectual Property | Patent
Intellectual Property | Patent
For Your Attention, Please: Virtual Marking of Patented...
Patent marking entails marking a patented product with its relevant patent number. Proper patent marking can help obtain higher monetary damages in a patent infringement lawsuit, as marking means that infringers cannot claim ignorance of liability. However, if there is no marking, damages are likely to be calculated only from the time of actual notice. ......
February 2, 2023
Intellectual Property | Patent
Intellectual Property | Patent
The IP Stack for Protecting Software in India: Copyrigh...
A key question that confronts participants in any disruptive and innovative industry is that of intellectual property (IP) protection. Software is no exception. Multiple IP routes, e.g., copyrights, patents, and trade secrets, are available for protecting software, but the appropriate choice is not always automatically evident. ......
November 17, 2022
Intellectual Property | Patent
Intellectual Property | Patent
Testing a Patent: Opposition and Revocation in India
It is sometimes presumed that the patent application process concludes with the grant of a patent, after it has been successfully prosecuted. Although prosecution examines an application for patentability, its true test arguably comes during the opposition process. ......
September 29, 2022
Intellectual Property | Patent
Intellectual Property | Patent
Getting to Grant: Patent Prosecution in India
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. ......
August 10, 2022
Intellectual Property | Trademark
Intellectual Property | Trademark
Extraordinary exceptions to deadlines at the Indian Pat...
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. ......
August 2, 2022
Intellectual Property | Patent
Intellectual Property | Patent
Do scientific publications exempt patent applications f...
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. ......
June 30, 2022
Intellectual Property | Patent
Intellectual Property | Patent
Sequence Listing in Indian Patent Applications
If a patent application discloses any nucleotide or amino acid sequences, the description of the invention must contain a ‘sequence listing’. A sequence listing is a list of biological sequences using defined terms for certain features. This includes descriptive information about each sequence, which is known as annotations. ......