Sound Board

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

The pre-grant opposition can be filed by anyone at any time from the date of publishing of the patent application in the patent journal up to its grant. To initiate a Pre-Grant Opposition, the aggrieved party must submit their opposition representation, in writing to the Controller. This submission may be supported with additional and relevant evidence to substantiate the claims made therein.

Upon a thorough examination, the Court concluded that if a patent has not been renewed, no action for infringement would lie. Similarly, once the patent is published, no infringement action can be filed until the patent is granted, though damages can be sought with effect from the date of publication. Thus, the continuation of an injunction, even for a day, would not be permissible once the patent is revoked.

The following are the significant changes which were brought about by the Patent (Amendment) Rules, 2018 and subsequently published in the Official Gazette. It came into force on December 4, 2018.

The Indian Trademark Law grant exclusive rights to the trademark owner. The exclusivity here indicates that the trademark owner has the liberty to utilize his/her trademarks without any external interferences. The Indian Trademark Laws grants bundle of rights to the trademark holders and the rights of every trademark owner includes the right to commence and prosecute a legal action against infringement of his/her rights in a trademark. It is important that the action taken by the trademark…

To record an IP right with the Customs, a right holder must submit an application in writing with the necessary documents and information.

The Annual Report 2016-2017, released by the Office of the CGPDTM has provided a detailed report of the recent changes in India’s IP regime. This post is a brief summary of the said report and an analysis of whether the recent changes have contributed in achieving the goal of the National IPR Policy 2016 which is ‘Creative India; Innovative India’.

As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate’s firm or Solicitor’s firm to act in its professional capacity for the client. Many a time, besides acting as Constituted Attorneys i.e. power of attorney holders, advocates also act as the advocates on record.

your Start-up would revolve around your IP in one way or the other and managing and protecting the same might actually decide the ground for you.

The generation of all patents granted post July 03, 2017 shall be automated and sent by email.

A patent granted in India lapses when the patentee fails to pay the renewal fee within the given time.