By Mukundan Chakrapani
Section 8 of the Indian Patents Act, 1970 mandates applicant(s) filing an application for a patent in India to furnish information pertaining to applications for a patent for ‘the same or substantially the same invention’ filed in any country ou...
By Ankur Garg & Anurit Banerjee
The Indian Patent Office had issued the modified guidelines for examination of Computer Related Invention (CRI) [see end note 1] on 19 Feb 2016. The CRI guidelines propose a framework for assessing patent eligibility of such claims under section 3(k) of the Patents Act, 1970.
Specifically, the CRI guidel...
By Sribindhu Chivukala & Archana V
Section 2(j) of the Patents Act, 1970 (the Act) defines an invention as a new product or a process involving an inventive step and capable of industrial application. The legal protection to an invention is based on the claims of the granted patent. Typically, a p...
By Nupur Kumar
A Full bench (Three Judges) of the Delhi High Court recently held that prior permission of the Court is not necessary under Section 124(1)(b)(ii) of the Trade Marks Act, 1999 (TMA) for filing a rectification petition before the IPAB during the pendency of an infringement suit.
A reference was made to the Full bench of ...
By Sudarshan Singh Shekawat
Patents are not just instruments of private commercial utilisation but also have an impact on public policy. They are thus, governed by a system which allows for challenge to the validity of a patent at different stages.
Before the Patent Office, the Act provides for ‘pre-grant opposition’ under S. 2...
By Vindhya Srinivasamani
This case pertains to a suit filed by CTR Manufacturing Industries Limited against Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. for infringement of its patent IN202302 (suit patent) for “A system and method for preventing and/or detecting explosion and/or fire of electrical transformers”, with an appl...
By Rohini Dutta
Divisional patent applications refer to such patent applications which have been divided out from a first filed patent application, also called a parent application. Section 16 of the Patents Act, 1970 (Act) lays down the principle for filing of a divisional application. Divisional pat...
By Dr Sheetal Vohra, Nupur Kumar, Tulika Pandey
Getting trademark protection for slogans is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature. A slogan is generally a combination of common words which describes the goods or services, or glorifies the goods and/or services of the company. Due ...
By Sanuj Das
Nearly three years after Merck (patentee) initiated an infringement action over its patented diabetics drug sitagliptin (Indian Patent 209816, sold under the brand names Januvia and Janumet), the Delhi High Court recently permanently restrained the defendant from the business of Sitagliptin.
Dated: Oct 23, 2015
By Dr. Mukundan Chakrapani
The Indian Patent Office recently released the final version of the Guidelines for Examination of Computer Related Inventions. They offer much needed clarity on the vexing issue of determining subject matter eligibility of Computer Related Inventions (“CRI”), a.k.a. software inventions. A standout feature of the fin...
By Dr. Amitavo Mitra
‘Make in India’ is a flagship, nation-wide initiative of the Government of India launched in September 2014. Under this initiative, the government has identified 25 key sectors for attracting foreign investment in order to develop indigenous expertise, create jobs, and encourage intellectual ingenuity. Some of the key sec...
By Raghav Sarda
Under the Indian IP system, a clear distinction has been made between rights available under the Designs Act, 2000 (“the Designs Act”) and the Copyright Act, 1957 (“the Copyright Act”), to avoid any overlap in protection under the two Acts. However, owing to a similarity in the work protectable under these laws, cr...
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