Category: Patent Act

Cogent Reasons– Controller of Patents to Provide reasoned Orders Of Refusal

Quasi-judicial bodies as part of their adjudicatory functions are burdened to provide a reasoned decision in the lights of the facts presented to them. The Madras High Court, in its judgment dated 11th December 2023 reiterated this principle of natural justice in a matter of appeal to an order of patent refusal. The Appellant made … Continue reading Cogent Reasons– Controller of Patents to Provide reasoned Orders Of Refusal

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You’re Never Too Young To Invent!

Presenting to you the story of Olive and Olina, aged 7 years, two bright young minds whose perseverance and curiosity allowed them to become patent owners. Their invention, A DEVICE AND SYSTEM FOR MONITORING CHEWING HABIT AND A METHOD THEREOF, having patent number 484943 was granted in Dec 2023 and filed in November 2022, is not … Continue reading You’re Never Too Young To Invent!

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Protecting Trade Secrets In India: What Laws To Take Help?

INTRODUCTION On sometimes, one finds dinner recipes that seem to employ basic items. The dish, however, would be referred to as a secret recipe by the chef. Why keep it a secret when the ingredients are so widely available? When utilised for business, the amounts of ingredients and the method of making a certain meal … Continue reading Protecting Trade Secrets In India: What Laws To Take Help?

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Another Win for Novartis

Introduction It has been contended by the Pharma major that it is the patentee of the two tablets under the brand ‘Vymada’ in India. The plaintiff, Novartis was represented through advocate Mamta Jha and the primary bone of contention was to obtain a restraining order against the defendants. Moreover, the amount of time and efforts … Continue reading Another Win for Novartis

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“An Aesthetic Shift From Old Patent Certificate To New Patent Certificate By The Indian Patent Office – A Comparison”

ETYMOLOGY OF PATENT IN INDIA The Act VI of 1856 was the first piece of patent-related legislation in India. This legislation’s goal was to promote the development of innovative, useful products and to persuade inventors to divulge their creations’ intellectual property. Act IX of 1857 subsequently abolished the Act because it had been passed without … Continue reading “An Aesthetic Shift From Old Patent Certificate To New Patent Certificate By The Indian Patent Office – A Comparison”

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Powers Of Patent Examiner To Raise New Objections During The Course Of Hearing

Introduction The Indian Patent law provides that prior to the grant of any patent each application for patent has to undergo a thorough process of examination once its published. According to Section 11B and Rule 24B (1) (i) the said process of examination begins by filing a request for examination within the timeframe of 48 … Continue reading Powers Of Patent Examiner To Raise New Objections During The Course Of Hearing

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A Critical Study of Disclaimer under Patents Act, 1970 in light of Judicial Pronouncements

INTRODUCTION Section 59 is a gateway to determine the scope of possible amendments. Therefore, it follows that the real leeway provided to applicants and patentees attempting to alter claims would rely heavily on the interpretive leeway allowed to the constraints established by Section 59. The Supreme Court of India has ruled repeatedly that if a … Continue reading A Critical Study of Disclaimer under Patents Act, 1970 in light of Judicial Pronouncements

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Comprehensive Study of Section 117A of The Patents Act, 1970

Introduction The Patents Act, 1970 (hereinafter referred to as Act) being a gallant enactment to encourage research & development and innovation and providing monopoly over intellectual creations came into force on 20th April 1972, supplanting the Indian Patents and Designs Act 1911. This enactment is currently in par with all the international arrangements as it gets … Continue reading Comprehensive Study of Section 117A of The Patents Act, 1970

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Considerations Under Section 8 Indian Patent Act, 1970

Intellectual Property Rights are jurisdictional in nature. Hence, instances wherein different patent applications for the same subject matter filed in different parts of the world are common. PCT (Patent Cooperation Treaty) does make it easier for patent rights to be granted worldwide, however, applicants still prefer filing separate patent applications in countries that aren’t covered … Continue reading Considerations Under Section 8 Indian Patent Act, 1970

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