Auxiliary Claims in India: Evolution Post-IPAB & European Insights
Indian patent law has shown increased interest in “auxiliary claims” throughout the last few years. Auxiliary claims provide an additional protection layer for applicants when their original claims fail to pass examination. Although the term “auxiliary claims” is not explicitly defined in the Indian Patents Act, their usage has become more common, particularly after the … Continue reading Auxiliary Claims in India: Evolution Post-IPAB & European Insights
Read more »Scope of Changes Permissible Under Section 59 of the Indian Patents Act
INTRODUCTION On July 5, 2022, the Delhi High Court made a significant judgment regarding Indian patent law concerning the alteration of claims according to Section 59 of the Patents Act. This judgment stems from a legal case between Nippon A N L Incorporated and the Controller of patents. In this instance, the court evaluated how … Continue reading Scope of Changes Permissible Under Section 59 of the Indian Patents Act
Read more »Research Exemption in Indian Patent Law
15th October, 2015 - 4:34 am
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The research or experimental use exemption permits researchers and product manufacturers to make certain use of a patented invention. The general idea behind this exemption is that it sets boundaries to patent holder rights such that the patent holder cannot prevent third parties from undertaking certain activities with respect to the patented invention. In pharmaceutical … Continue reading Research Exemption in Indian Patent Law
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