Tag: IPO
October 14, 2020
Intellectual Property | Patent
Intellectual Property | Patent
Patent lapsed due to agent error is restored by IPAB
The first administrative encounter in the long road to patent protection is with the Indian Patent Office (the ‘IPO’). Here, the Controller is the key decision-maker in matters of the grant and renewal of patents. Naturally, this decision-making authority, powerful as it is, is also safeguarded through various legal provisions so as to be shielded from abuse. ......
August 10, 2020
Intellectual Property | Patent
Intellectual Property | Patent
Enablement Requirement (Sufficiency of Disclosure) for ...
Besides the patentability requirements of novelty, inventive step, and being capable of industrial applicability, a patent application must also meet the enablement requirement in order to be granted. A patent application is said to be enabled if the application provides sufficient details that enable a person of ordinary skill in the related field to practice the invention. ......
June 23, 2020
Intellectual Property | Patent
Intellectual Property | Patent
Fast-Tracked Examination of Patent Applications Filed b...
Recognising that startups can drive sustainable economic growth and generate large scale employment, the Government of India’s ‘Startup India’ Initiative has sought to develop an ecosystem to strengthen such entities. This ecosystem includes policies that reduce regulatory burdens and provide various concessions that make ‘doing business’ easy....
April 23, 2020
Intellectual Property | Other
Intellectual Property | Other
Indian Patent Office opens with limited manpower during...
In view of the order no. 40-3/2020/DM-I(A) of the Ministry of the Home Affairs (MHA), the Office of Controller General of Patents, Designs and Trademark (CGPDTM), has issued a Public Notice on April 20, 2020. According to the notice, all the officers of the rank of Deputy Controller and the above are required attend the office on all working days with immediate effect. ...
November 13, 2019
Intellectual Property | Patent
Intellectual Property | Patent
IPO’s focus on drug patents part of a larger positive t...
In a world where science and technology evolve at an exponential pace, it is essential that the institutional systems that support the evolution of these industries also keep up with the pace. But the Indian patenting system has been often criticized over the years for its slow and long drawn out processing time. This processing pace naturally affects the quality and quantity of applications as well, and it is possible that foreign innovators or entities may be losing interest in filing for patents in India for this reason....
April 27, 2019
Intellectual Property | Patent
Intellectual Property | Patent
The Patentability of Substances Occurring in Nature
Patents are granted for inventions that are new, include an inventive step and are capable of industrial application. An element of human contribution and “inventiveness” are required for patentability. The body of scientific knowledge received by any generation is a combination of invention and discovery, but there is a fine line between the two, and the distinction is not always clear. In this note, we examine the patentability of discoveries in Europe, the United States, and India to understand this distinction in the context of “naturally occurring substances”. ...
April 5, 2019
Intellectual Property | Patent
Intellectual Property | Patent
Patenting Antibodies in India
Over the years, a large number of patents have been granted for antibodies all over the world. The world is also seeing a shift towards biologic based drugs. Most of the top-selling drugs in 2018 were monoclonal antibodies with HUMIRA® leading the list. With the progress in the art and growing case law in this area, the criteria for patentability of antibodies are becoming increasingly strict, with restrictions on the scope of the claims. ...
August 22, 2018
Intellectual Property | Patent
Intellectual Property | Patent
A blockchain of a proposal: Is the IPO changing?
Sumathi Chandrashekaran of Obhan & Associates looks into the possible implications of a recent tender regarding blockchain, artificial intelligence and machine learning, issued by the IPO. The changes that would come about as a result of these implementations would dramatically improve user experience of the IPO services. Here’s a closer look at what the impact would be at each stage of application and grant....