Patents
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.…
Why Startups need to protect their Intellectual Property before disclosing it
Intellectual Property – Creations of your Mind ‘A hundred and one wonders our mind holds, And out of it rarely a creation unfolds!’ Isn’t that true? Imagine you have created something ingenious, what we formally call “Intellectual Property” or simply IP, like a truly mind-blowing…
Automation of generation and issuance of patent grant e-certificates in India
In lines with the “E-Registration Certification” initiative of Trade Marks Office, the Controller of Patents and Designs recently issued a notice, whereby automating issuance of patent grant e-certificates with effect from July 03, 2017. The notice states that the generation of all patents granted…
Restoration of a lapsed patent in India
Patent protection is granted for a period of twenty years by the Indian patent office. For the patentee to enjoy the benefits of his patent, the renewal fees must be paid on time. Renewal fees are payable before the expiration of the second year from the date of the patent in respect of the third…
