Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

The Jan Vishwas (Amendment of Provisions) Act, 2023 which came into effect recently on August 1, 2024 has garnered significant attention across the country. The Act, having brought amendments to various Acts of our legislation, including those related to Intellectual Property (IP) and media laws among others, primarily aims to decriminalise the provisions – aiming to shift from punitive measures like imprisonment to more lenient penalties such as fines and pecuniary penalties.

The Indian patent landscape has seen a significant shift with the recent amendments to the Patents Rules. As of March 15, 2024, the Patents Amendment Rules, 2024 have introduced a crucial change: patent owners now need to file working statements (Form 27) every three financial years instead of annually. This adjustment is a welcome relief for many patent holders who previously had to submit detailed reports on the working of their patents every year.

In India, patent holders are required to submit a Statement of Working (Form 27) to demonstrate that the patented invention is being worked in India on a commercial scale. This requirement underscores the Indian patent regime's emphasis on ensuring that patents contribute to the country's industrial and economic development.

Justice Anita Sumanth, presiding over the case, emphasized that the delay was only four days and that the Controller had not considered the application for condonation of delay under Rule 137. The court noted that normally it would not interfere in matters of condonation of delay as it falls under the discretion of the concerned authority. The extent of intervention would be limited to an examination of whether such discretion has been exercised in an appropriate manner. However, given the…

The Patents (Amendment) Rules, 2023, initially circulated on August 23, 2023, for discussions and consultations with stakeholders, is now being notified and are officially in effect from March 15, 2024. The amendments tackle significant issues raised by patent filers in India, particularly regarding annual working statements, patent working details, Form 3 submissions concerning corresponding foreign applications, prosecution document filings, timeline extensions, and condonation of delays.

The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. This section pertains to the power of the Controller to make orders regarding the division of patent applications, specifically focusing on scenarios where a divisional application is filed to address objections raised by the Controller. The case raises questions about the requirement of containing claims relating to multiple inventions in the…

The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Interested parties can submit their feedback.

As patent attorneys, adhering to deadlines is pivotal for the success of a patent application. In India, two critical deadlines to bear in mind while prosecuting patent applications are those for filing a request for examination and responding to the first examination report.

As patent lawyers, meeting deadlines can be crucial to the success of a patent application. Two of the most important deadlines one needs to be aware of while prosecuting patent applications in India are the deadline for filing a request for examination and the deadline for filing a response to the first examination report.

In the Indian Patent system, an application for the grant of patent is  taken up for examination by the Indian Patent Office only when request for examination of the application is filed. Unless a request for examination is filed by either the Applicant or any other interested party there shall be no examination of a patent application. The time period for filing a request for examination shall be 48 months from the date of priority of the application or from the date of filing of the…