Patents

Revocation of patents in India - A Fork in the road

In a country like India where a patent is granted after fighting tooth and nail, “revocation” is arguably the most dreaded term for any patent-holder. A patent granted in India can sought to be revoked for more than one reason and statutorily in more than one forum. Seeking revocation of patents in…


Statement of working for patents and confidentiality

In my earlier post on this matter, I discussed the importance of filing the statement of working for a patent without delving into the aspect of confidentiality or lack thereof when such statements are made. Statutorily, the statement of working may be published by the Patent Office and so the…


Compulsory Licensing in India

We bring you another guest post by Ratnavel Pandian. In this post, Ratnavel discusses the Indian statutory provisions for compulsory licensing and instances of compulsory licensing in India. Introduction Before delving into an appraisal of the compulsory licensing regime in India, it is first…


A Lowdown on the Indo-US Tensions due to India’s Patent Regime

We bring you a guest post by Ratnavel Pandian, a third year student of National University of Juridical Sciences. In this post, he takes us through why the US faces pressure from its lawmakers to take India to the World Trade Organisation (WTO) regarding India's patent regime and the unfairness of…


Justice, naturally.

An order in January this year by the Intellectual Property Appellate Board (“IPAB”) drives home a simple, much re-iterated and often neglected point of law: the right to be heard. Facts of the case Abraxis BioScience LLC (“Abraxis”) had filed a patent application in 2005 for “composition and method…


More facilities through e-filing system for Patents

In yet another upgrade, the Indian Patent office has made available few more facilities through its e-filing system (“system”). In general these changes pertain to requests which do not have a prescribed form in the Patent Rules. Since the increase in official fee for paper filing, it is only…


Official fees for Patent Filing in India goes up by 60 – 100%!

Last Friday, the Patent (Amendment) Rules, 2014 (the “Rules”) came into effect. The public notice issued by the Controller General of Patents, Designs & Trade Marks summarises that the Rules basically deal with a revised official fee structure and the inclusion of a new category of applicants…


Indian Patent Law basics - Importance of filing the Statement of Working of Patents in India

If you ask any patent agent or attorney to explain the concept of patents in two words, they will tell you that it is an “exclusionary right”. As is true in law and life, with rights come duties and responsibilities.  So when you are given the right to exclude others from making your patent…


Indian Patent law basics – Patent Application procedure

Before all else, I would like to clarify that this article does not deal with how to get a patent in India. This article merely describes the procedure for making a patent application in India. The decision to provide a person with a patent is purely an administrative matter of the Indian Patent…


Indian Patent law basics - Disclosure requirements of Indian patent application's foreign counterparts

The Indian law for Patents, more particularly Section 8(1) of the Patents Act, 1970 (the “Act”), requires that when a person makes an application for patent in India, he must undertake to inform the Indian Patent Office regarding foreign applications which correspond to its Indian counterpart.…