In summary This article provides an overview of patent prosecution under Indian patent law. In India, patent prosecution is regulated by the […]
High Court IP divisions’ landmark decisions reflect a positively evolving prosecution landscape
Patent
Situs of the High Court in a Patent Appeal will be based on Appropriate Office
For expeditious disposal of patent applications, in 2016, the Indian Patent Office introduced the automatic allocation of patent applications to different examiners/controllers through […]
Madras High Court explains scope of non-patentable diagnostic methods under Patents Act
Section 3 of the Indian Patents Act, 1970 (the Patents Act) bars patentability for certain inventions. Section 3(i) of the act prohibits the patenting of […]
Designing around patent is considered legitimate
It is common to find competitive inventors to work on the uncovered aspect of a patent claim and design around it to escape […]
Effects of the Draft Patent Rules, 2023 on Pharma Industry
A couple of months back, the Ministry of Commerce and Industry published the Draft Patents (Amendment) Rules,2023, with various changes to the rules, […]
Analysis of the Delhi High Court’s Judgment in Raytheon Company vs Controller General of Patents and Designs
Sections 3 and 4 of the Indian Patents Act 1970 provide a list of subject matter considered non-patentable in India. For example, for […]
Sports, Technology and Patents – 11: Time and Tide – Measurement of Time in Sports
Time and tide wait for no man – a saying that impresses one upon the inexorable flow of time. Einstein formulated the concept […]
Relooking at the reach of Section 3(d) of the Indian Patents Act, 1970 after ‘Novozymes’ Case
Section 3(d) of the Indian Patents Act, 1970 was never so controversial till the insertion of an amendment in 2005, which states that […]
Patent infringement suit and harvesting machines
On 21 September 2023, the Plaintiff- Kubota Corporation, a Japanese company, filed a suit for patent infringement, seeking enforcement of its patents before […]
W. R. Grace vs The Controller of Patents- Post refusal Allowance of Claim Amendments
Prosecution of pharmaceutical patents in India without attracting an objection under Section 3(d) of the Indian Patents Act, 1970 (hereinafter “the Act”) is […]