Morality & IP – How far is too far?
November 3, 2020Intellectual Property Rights,Trademarks,Patents,CopyrightsLaw,Protection,Registration
“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 imagination and the output of such imagination.
Express & Expedited request for examination of patent applications in India
July 29, 2020Intellectual Property Rights,Patents
In India, a request for examination must be filed for a patent application to be considered by the Indian Patent Office. This request can be made by the applicant, or any interested third party and must be filed within 48 months of the earliest priority application. If no request for examination is filed within this time frame, the application is considered abandoned. There are options for fast-tracking the examination process by filing a request for either Express or Expedited examination.
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 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 Controller explained how some applications requesting amendments were filed in the correct Form but under a different Rule of the Patent Rules resulting in higher official fee and that he wanted to let the Patent agent know about it so…
Indian IP office notifications relating to the extension of deadlines at the time of COVID-19
March 23, 2020Intellectual Property Rights,Trademarks,Patents,CopyrightsTMO Public Notices,IPO Public Notices
The paranoia around the COVID-19 continues to stretch the air, people, citizens and the government continue to strive to put their best foot forward to ensure maximum safety and avoid anarchy. With this, we would like to inform you that, the Indian government have been meticulous in their work and have always ensured the best for its citizens, with this the Indian Patent Office, the Indian Trade Marks Registry and the Indian Copyright Office have released their official notices dated,…
Pre-grant patent opposition in India
February 18, 2020PatentsIndia,Pre-Grant Opposition,Patent Opposition
The pre-grant opposition can be filed by anyone at any time from the date of publishing of the patent application in the patent journal up to its grant. To initiate a Pre-Grant Opposition, the aggrieved party must submit their opposition representation, in writing to the Controller. This submission may be supported with additional and relevant evidence to substantiate the claims made therein.
Nei Patent ; Nei Infringement
October 11, 2019PatentsDelhi HC,India,patents,pharmaceutical
Upon a thorough examination, the Court concluded that if a patent has not been renewed, no action for infringement would lie. Similarly, once the patent is published, no infringement action can be filed until the patent is granted, though damages can be sought with effect from the date of publication. Thus, the continuation of an injunction, even for a day, would not be permissible once the patent is revoked.
Significant changes brought about by the Indian Patent Amendment Rules, 2019
December 17, 2018Intellectual Property Rights,PatentsPatent Amendments
The following are the significant changes which were brought about by the Patent (Amendment) Rules, 2018 and subsequently published in the Official Gazette. It came into force on December 4, 2018.
Groundless/Baseless legal threat of infringement of trademarks in India
August 17, 2018Intellectual Property Rights,Trademarks,Patents,Industrial Designs,CopyrightsInfringement,Litigation
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 of every trademark owner includes the right to commence and prosecute a legal action against infringement of his/her rights in a trademark. It is important that the action taken by the trademark…
Customs Recordal in India – Averting the cross-border movement of infringing goods
June 6, 2018Intellectual Property Rights,Trademarks,Patents,Industrial Designscustoms recordal
To record an IP right with the Customs, a right holder must submit an application in writing with the necessary documents and information.
A brief analysis of the Annual Report 2016-17 of the Indian Intellectual Property Office
May 3, 2018Intellectual Property Rights,Trademarks,Patents,Industrial Designs,CopyrightsIP India,Annual Reports
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 Policy 2016 which is ‘Creative India; Innovative India’.