By Jaya Pandeya
Interpretation of Section 3(k) of the Patents Act, 1970 (the Act) that imposes an absolute bar on patentability of business methods, mathematical methods, algorithms and computer programs per se continues to remain a contentious issue for applicants and IP professionals in India.
The Manual of Patent Office Practice and Procedure (MPPP) [see end note 1] provid...
By Prashant Reddy & Adarsh Ramanujan
On February 28, 2014 the Indian Patent Office (IPO) notified the Patents (Amendment) Rules, 2014 (“Rules”). These Rules are based on the earlier draft Patents (Amendment) Rules, 2013 which were published on May 6, 2013. The amended rules have come into effect from February 28, 2014.
When the draft rules had proposed a substantial fee hike ...
By Vindhya S. Mani
The Intellectual Property Appellate Board (IPAB) by its recent orders [see end note 1] dated 20th January, 2014 and 23rd January, 2014, set aside the orders of Assistant Controller rejecting the patent applications for a "sterile pharmaceutical composition" [see end note 2] and a "crystalline polymorph of a bisulfate salt of a thrombin receptor antagonist" [see end note 3] ...
By Jasneet Kaur
A Division Bench of the Delhi High Court in a recent decision dated 10-12-2013 held that the television commercial which compares the product ‘Pepsodent Germicheck’ with ‘Colgate ST’ is not per se disparaging. However, the print advertisement published by the respondent (Hindustan Unilever Limited or ‘HUL’) involving the same comparison was held as prima facie disparag...
By Vindhya Srinivasamani & Adarsh Ramanujan
Brazil was the fourth country in the world to enact a patent law (in 1809) and it was also a founding member of the Paris Convention in 1882. Therefore, while Brazil is not new to a patent regime unlike other developing nations, there has been a recent legislative review that may lead to major patent law reforms. The Parliamentary Committee ...
By Vindhya Srinivasamani & Subhash Bhutoria
Deciding an appeal [ see end note 1 ], the Division Bench of the Delhi High Court has set aside the Single Judge's decision [ see end note 2 ], which recognized the popular "Hot News" doctrine and quasi-proprietary rights in the information emanating from cricketing events and held that the publication of scores and ball-by-ball update ...
By Nidhi Verma
According to the Indian Patents Act, 1970 (‘the Act’), a product patent gives an exclusive right to the patentee to prevent third parties, who do not have his consent, from making, using, offering for sale, selling, or importing the patented product into India till the product patent is valid. Further, a process patent gives the patentee an ...
By Siddharth Sharma & Ranjan Matthew
Why the need? – A rational perspective
Primarily, in order to understand the reasoning behind why a patentee or a licensee thereof is required to furnish information regarding the working of patents in India, it may be pertinent to study the Statutory provisions envisioned under Section 83 of the Patents Act, 1970 hereafter referred to...
By Piyush Sharma & Pulkit Doger
In accordance with the Indian Patents Act, 1970 (‘the Act’), Section 3 lists what are not considered to be inventions and therefore, non-patentable. Section 3(k) reads as follows:
"3. The following are not inventions within the meaning of this Act,
(k) a mathematical or business method or a computer programme per se or algorit...
By Subhash Bhutoria
Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property. This article briefly discusses the said emerging trend of protecting property rights through common law rem...
By Anupama Ravindran and Sribindu Chivukula
After arriving at an invention, it is often the case that there is an improvement or modification of the invention. The improvements or modifications may happen as a natural process of improving an invention, or as a result of feedback received from the market or the industry. In such cases, where the invention is alre...
By Someshwar Banerjee & Aruna Verma
Post-dating means to change the priority date of a patent application to a later date. The Indian Patents Act facilitates a patent application, whether provisional or non-provisional, to be post-dated under Section 17 of the Patents Act, 1970, to a maximum of six months, from the date of making of such application, provided th...
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