Patents

Express & Expedited request for examination of patent applications in India

Express and Expedited request for examination After filing any patent application in India, a request for examination must be filed with the Indian patent office without which the patent off will not take up the application for examination. Ordinarily, a request for examination of a patent…


Improving the nuances of Patent Practice in India - One act of kindness is all that it takes

One of my colleagues received a call from the Deputy/Joint Controller of Patents & Designs at the Delhi Patent Office requesting to speak with the Patent agent who had filed certain requests in a patent matter. When the colleague enquired about the issue, the Deputy/Joint Controller explained…


Indian IP office notifications relating to the extension of deadlines at the time of COVID-19

Notifications by the Indian Intellectual Property Office during COVID-19 The paranoia around the COVID-19 continues to etch the air with causalities, while the citizens and the government continue to strive to put their best foot forward to ensure maximum safety and avoid anarchy. With this, we…


Pre-grant patent opposition in India

A Pre-Grant opposition in India is clearly explained in Section 25(1) of the Patents Act, 1970 which deals with the Pre-Grant Opposition proceeding. It explains the meaning, grounds and procedure for initiating an opposition proceeding in India. ‘Opposition’ is a word commonly heard and loosely…


Nei Patent ; Nei Infringement

The Plaintiff in the instant case- Novartis AG, had filed the present suit before the Hon’ble Delhi High Court against the defendant - Natco Pharma Ltd., seeking permanent injunction, damages, rendition of accounts and delivery up in respect to its granted patent, Indian Patent No. 276026. The…


Significant changes brought about by the Indian Patent Amendment Rules, 2019

The following are the significant changes which were brought about by the Patent (Amendment) Rules, 2019. Procedure for Filing International Applications Expedited Examination of Patent Application Proviso included during the case of non-compliance of requirements under expedited examination [Rule…


Groundless/Baseless legal threat of infringement of trademarks in India

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…


Customs Recordal in India - Averting the cross-border movement of infringing goods

With the advancement of technology and the expansion of the grey-market, India is currently facing large-scale infringement issues which are drastically affecting the Indian Economy. Playing the vivid role of a gatekeeper the Customs Department of India has adopted the Customs Recordal system in…


A brief analysis of the Annual Report 2016-17 of the Indian Intellectual Property Office

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…


Acting in Dual Capacity- Barred by law?

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 times, besides acting as Constituted Attorneys i.e.…