Patents
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…
Court comes to the rescue of patent applicants - Extensions of deadlines in exceptional circumstances.
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…
Who can file the request for examination of a patent application in India?
In the Indian Patent system, an application for the grant of a patent is taken up for examination by the Indian Patent Office only when a 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…
Pre-Litigation mediation in Intellectual Property matters in India
The Commercial Courts Act (hereinafter referred to as “the Act”) was enacted in 2015 to establish a definite procedural framework for dealing with commercial disputes. Commercial disputes include any dispute arising out of trade relationship between parties such as mercantile documents, partnership…
Delhi High Court decides on the appropriate jurisdiction (HC) for appeals against the orders of the Patent Office
The Delhi High Court in the matters of Dr. Reddys Laboratories Limited & Anr. Vs. The Controller of Patents & Ors. C.O. (CONN.IPD-PAT) No. 3/2021 with Thyssenkrupp Rothe Erde Germany GMBH Vs. The Controller of Patents & Anr. C.O. (CONN.IPD-PAT) 1/2022 and Elta Systems Ltd. Vs. The…
Pre-Litigation Mediation in Commercial Disputes in India
Alternate methods of dispute resolution are amicable methods of resolving disputes without the intervention of courts. It decreases the burden of the courts and encourages settlement proceedings among the parties. Generally, Alternate Dispute Resolution (ADR) uses one or more neutral third parties…
Delay in filing Request for Examination due to negligence of legal counsel - Madras High Court orders restoration of the abandoned patent application - India
November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and…
Balancing IPR and Global Health: COVID-19 Vaccines
As most readers will be aware, the period of time between 2020-2021 has been marked with unprecedented disaster and suffering. The year 2020 started out with the Australian wildfires, which was followed by rising geo-political tensions, and then of course, COVID-19 spread rapidly across the globe.…