Patents

Recategorization of Patent Applicants and Implementation Barriers to Rule 7(3) of The Patents Rules 

The Patents (Second Amendment) Rules, 2020 (hereinafter referred to as the ‘amendment rules’) that came into force on November 4, 2020, primarily recategorized the Applicants and the fees paid by them for filing and prosecution of a patent. Presently, the amendment has classified applicants into…


Renewal of Customs Recordal in India

In this current age, with counterfeit goods on the rise, measures such as recording one’s intellectual property with the customs authority in order to curb infringement is a necessity. More information regarding the procedure and requirements for recordal with the customs authority are available…


INDIA - Lifting of extension of deadlines due to COVID-19

To alleviate the difficulties faced by lawyers and litigants across the country due to the nationwide lockdown imposed due to the COVID-19 pandemic, the Supreme Court on 23rd March 2020 passed an order in In Re: Cognizance for Extension of Limitation granting an indefinite extension of the…


Indian Patent (Amendment) Rules, 2020: Simplifying Statement of Working of Patents - Form 27

The much-awaited amendment to the Indian Patents (Amendment) Rules, 2020, came into force on 19 October 2020. The amendment relates to the Indian Patent Office's requirement of annual filing of the statement of working of patents by the Patentee/Licensee. Single Form for multiple related patents:…


Legal Notices in Intellectual Property Right cases: A slippery slope?

More often than not, when a “bona fide” proprietor of the trademark (I use the term “bona fide” rather loosely here) finds unauthorized use of their mark by a third party, the first step taken (often) is to send the other party a legal notice. While some legal notices sent/received are convoluted…


Morality & IP – How far is too far?

“Intellectual property rights” is a paradox, where it promotes innovation and creativity, on the one hand, it might stagnate and monopolize ideas and business, on the other. With the development of human intelligence, complications also arose such that it became necessary to balance man’s…


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…