Patents

Proof of Right for Indian Patent Applications

Section 7(2) of the Indian Patents Act states that where the patent application is made by virtue of an assignment of the right to apply for a patent for an invention, the applicant is required to furnish, either at the time of filing the application or within six months of the date of filing of…


4 things to know while filing a national phase application in India under PCT

When it comes to prosecution of trademark, design or patent applications, there are a lot of things that are common to all countries. However, each country has its own peculiarities and most often, its mind blogging for attorneys who are simultaneously prosecuting applications in several countries.…


University Patents – Can your project work be patented?

There’s a rather common meme that was doing the rounds on social media which stated that “India is a country where we first become an “Engineer” and then think of what we really want to become” The number of people who identified with the statement was staggering and it’s not too hard to imagine.…


Introduction to patent protection in India

Patent protection in India can be obtained by filing an application online or by paper at the patent offices in Mumbai, Chennai, Kolkata or New Delhi. A patent application in India can be filed as an ordinary national application complying with the requirements as provided under the Patents Act,…


Section 3(d) of the Indian Patent Act – Taking a blow at the WTO?

Section 3(d) of the Indian Patent Act, 1970 has been under the gun ever since it was introduced to the Act through an amendment in 2005. Foreign pharmaceutical companies have time and again failed to establish that the letter of this provision violates the TRIPS, and have, recently, in an…


MSD – Glenmark patent row – Court granted injunction against Glenmark

Close to two years after Merck filed a suit for injunction against Glenmark and after a quite a struggle, MSD has finally been granted an injunction and Glenmark has been restrained from making and marketing its versions of the drug. The Delhi High Court laid down a detailed analyses of the facts…


Cricket and Patents – These inventions will bowl you over!

Cricket and Patents Cricket has always been one of the most followed and loved sport in India. Statistics suggest that when India plays a big game, there are around 400 million watching the match on television. Indians love cricket, be it the IPL, T20, test match or the traditional 50 over match!…


Can food recipes be protected under intellectual property?

Ever wanted to know the recipe for your favourite dish in a restaurant? Or wished that you could make Pringles at home? They wouldn’t be special or in demand anymore if you could do make it by yourself! This got me thinking on the best ways to protect food recipes and prompted me to write this…


Of Companies, Directors and Ownership of Patents

The Bombay High Court recently decided on the issue of ownership of patents. The suit was filed by a minority shareholder against the company, its managing director and other directors because the patents devised using the R & D of the company was in the name of the director and not the company…


The Curious Case of two Copied Patents and the Novelty of Transparency

The Calcutta High Court, in November had the opportunity to deal with a rather interesting patent dispute where one person tried invalidating a patent which was identical to his; when both of their patents seemed to be copied from a US Patent! As it turns out one Mr. Tara Chand Banka, filed a…