Gaurav Mishra | Intellepedia

Can a delay in filing a PCT National Phase application in India be condoned? An interesting case on Rule 138 of The Patent Rules, 2003 (Amendment 2016)

This post discusses a Delhi High Court decision on whether the delay in filing a PCT national phase patent application in India can be condoned under Rule 138. The analysis centres on the judicial interpretation of the Controller’s powers and the consequences of non-compliance by subordinate authorities.

PCT National phase delay condonation, Startups, Cow-dung / Urine Patents, Meditation Patents, Smart Toilet Patents, Latest Patent Judgments, IPO slows down, Apple and Qualcomm settlement, Post dating, Patent Tip of the Week and more

This week’s patent news analyses PCT national phase delay condonation, patent statistics, and notable innovations from Indian startups. The post also reviews significant court rulings and provides expert legal insights on patent post dating.

Free Patents, Trademark registration for Startups (Government schemes for startups)

The post examines the SIPP scheme, which offers startups in India free patent and trademark registration support through government-appointed facilitators. It presents eligibility criteria, procedural requirements, and clarifies the scope and validity of the scheme, maintaining a factual and analytical perspective.

World’s Best IP Blogs – 2016

This article features the top ten intellectual property blogs of 2016, evaluated on multiple objective parameters. It provides concise introductions to each blog and highlights trends in the IP blogging community.

Indian Patent Highlights, 2016 – Patent Office, Patent Procedure and Patent Rules

2016 marked a period of significant change for Indian patent law, with major procedural reforms and policy updates. Key highlights include the Patent (Amendment) Rules, new examination procedures, and increased support for start-ups, signalling a shift in the Indian intellectual property landscape.

Patent Wish List – 2017

This post outlines key improvements desired for the Indian patent system in 2017, including efficient examination, clearer amendment rules, and greater transparency. It also recommends provisions for reviving abandoned applications and implementing the Patent Prosecution Highway.

Patent Amendment Rules 2016 – Courting Controversy and Confusion

The Patent Amendment Rules 2016 sparked both appreciation and confusion among stakeholders in Indian patent law. This post analyses the controversies and practical challenges arising from the new rules, urging applicants to proceed with care.

Patent Amendment Rules 2016

The Patent Amendment Rules 2016 introduce substantial updates to Indian patent law, including expedited examination and digital filing. The rules aim to enhance efficiency, support startups, and align with the National IPR Policy.

Salient Features of the National IPR Policy – Part 1

This post reviews the objectives of the National IPR Policy 2016, highlighting its approach to strengthening intellectual property rights in India. It outlines key policy aims, including awareness, legal framework, and commercialization, in a structured and factual manner.

EU Trademark law threatens Indian Generic Export Market

The EU’s revised trademark law empowers customs to seize in-transit goods, raising serious concerns for Indian generic pharmaceutical exports. This development challenges established principles of territorial trademark enforcement and threatens global access to affordable medicines.