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Patent

Section 3(d) of the Patents Act: interpretation continues to remain subjective

March 20, 2017 Patent

The government has recently taken several measures to strengthen the procedure of the IP offices and make them more transparent, including by amending the Patents […]

A disclaimer to disclaim under the Indian patent system

March 9, 2017March 9, 2017 LexOrbis Patent

Rahul Sharma, from LexOrbis, clarifies the rules and regulations around disclaimers under Indian Patent Law, looking at current case examples from the High […]

De-coding the law: nature of claim amendments allowed in India

March 9, 2017 Patent

Most patent applications in India are granted after amendments are made to the patent claims; there are few cases in which patent applications are […]

Compulsory licensing: law, challenges and strategies

March 9, 2017 Patent

The compulsory licensing provision is one of the most widely debated provisions of the Patents Act 1970 – both domestically and internationally – […]

Cost-cutting measures in commercial exploitation of patents in India

February 16, 2017February 22, 2017 Patent

Commercial exploitation of patents is crucial for companies and research institutes, as significant costs can be incurred in prosecuting, maintaining and litigating patent […]

Implications of post-dating provisional patent applications

February 16, 2017February 22, 2017 Patent

A provisional application is generally filed to gain priority for a patent application, as the priority date plays a vital role in the […]

The real meaning of ‘efficacy’

February 16, 2017February 22, 2017 Patent

In 2005 India amended the Patents Act to introduce protection for product inventions, including patents for pharmaceuticals. Section 3(d) of the Patents Act was qualified […]

On-shelf versus in-use claims

February 16, 2017February 22, 2017 Patent

Patent claims generally include both structural and functional elements. Where a structural element is associated with a functional element, two types of association can […]

New developments in divisional patents

February 16, 2017February 22, 2017 Patent

Section 16 of the Patent Act states that a person who has made an application for a patent under the act may, at […]

Software patent application drafting practices post-CRI examination guidelines

February 16, 2017February 22, 2017 Patent

Drafting a patent application, including the claims and specification, is generally considered to be an art rather than a skill because no set guidelines […]

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