Patents
Madras High Court quashes patent refusal: Upholds fairness and reasoned decision-making
The appellants, Intervet International B.V. and Microbial Chemistry Research Foundation, filed an appeal against the Deputy Controller of Patents & Designs for refusing a patent application for solvated and non-solvated crystalline forms of 20,23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The…
Understanding the Indian Biological Diversity law, and its implications for Patent Applications involving Biological Resources
India's commitment to conserving its rich biodiversity is reflected in the Biological Diversity Act (BDA) of 2002. This legislation governs the use of biological resources and ensures that benefits arising from their use are shared fairly and equitably. For inventors seeking to patent inventions…
Analysis of Jan Vishwas (Amendment of Provisions) Act, 2023 – An IPR Perspective
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…
Statement of Working of Patents (Form 27) filing not required in 2024
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…
Statement of Working of Patents in India
Patent protection in India is governed by the Patents Act, 1970, which has undergone several amendments to align with international standards, most notably the TRIPS Agreement. The Indian patent system is administered by the Office of the Controller General of Patents, Designs & Trade Marks…
Controller of Patents has the power to condone delay in filing responses to Examination Report - Madras High Court.
In a recent ruling dated April 4, 2024, the Madras High Court addressed a significant issue regarding the procedural timelines in patent filings. The appellant, claimed to have invented a system and method for converting waste materials into reusable oil products. He filed a patent application on…
Amended Indian Patent Rules 2024 comes into force from March 15, 2024
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…
Interpretation of Section 16(1) of the Indian Patents Act in Syngenta Limited vs. Controller of Patents and Designs
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…
Summary and Analysis of The Draft Patents (Amendment) Rules, 2023
The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Interested parties can submit their feedback. Key Proposed Amendments: Frequency of Working Statement Submission: Current Rule: Annually (every financial year). Proposed Change:…
Restoring Patent Applications: Indian Courts' Stance on missing of deadlines to request examination or respond to examination reports
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. Presently, while a…