Tag: Indian Patents Act

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. ......

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. ......

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. ......

The timelines for completing various tasks or submitting various documents in the patent prosecution process differ depending on which stage a patent application is at. The various timelines involved in the grant of an Indian patent. ......

Cosmetic compositions and methods, like any other inventions, are expected to meet the three step requirement of patentability in India before being granted protection under law, i.e., the invention must meet the criteria of “Novelty”, “Inventive step” and “Industrial Application”. ......

At the heart of a patent application lies its claims. A claim is a signifier of the scope of protection that is sought under the patent. Claims are the first and most important aspect to be examined during prosecution, infringement, and litigation. Every patent application must be accompanied by at least one claim, and usually, an application contains several more. ......

This is the second part of a discussion on synergism and the patentability of compositions in India, which details the manner in which patent applications for compositions have been prosecuted by the Indian Patent Office (“IPO”) over the years. The first part describing the ways in which synergistic effect may be demonstrated can be. ......

The patentability of compositions is governed by two key provisions in the Indian Patents Act, 1970 (“the Act”), i.e., the requirement that in order to be patentable, an invention must be novel, include an inventive step, and have some industrial applicability (Section 2(1)(j)), and the requirement that a substance obtained by a mere admixture resulting only in the aggregation of the properties of its components or a process for producing such substance is not patentable (Section 3(e)). ......

Patent applicants are sometimes unsure of whether working models or invention samples must be submitted when filing for an Indian patent; or, if a model or a sample is indeed required, the form and manner of such submissions. Under Indian law, there is no requirement to either mandatorily or voluntarily submit models or samples along with an application; such submissions are necessary only upon a request made by the Controller. ......