Can you revive abandoned/lapsed patents and patent applications in India?

This article explores when and how abandoned or lapsed patents and patent applications may be revived in India, referencing key court decisions. It provides practical legal insights on intent, deadlines, and the scope for extensions under extraordinary circumstances.

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Role of ‘Intent’ in Reviving lost Patents and Patent Applications in India

This post examines how intent now plays a decisive role in reviving lost patents and patent applications in India, following recent Delhi High Court guidance. It outlines when missed deadlines may be remedied and the evidentiary standards required from applicants seeking restoration.

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Without Proper Inventive Step Analysis, Patent Office’s Order is Unreasoned – Says Delhi High Court

The Delhi High Court set aside a Patent Office order rejecting Gogoro Inc’s application for lack of inventive step, citing inadequate reasoning. The case was remanded for proper analysis under Section 2(1)(ja) of the Patents Act.

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Accessibility is Mandatory for Businesses says CCPD

The Chief Commissioner for Persons with Disabilities has clarified that accessibility requirements under the RPwD Act apply to private businesses. Private establishments must ensure their services, especially information and communication technology products, meet prescribed accessibility standards to remain compliant.

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Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

The Delhi High Court has clarified that divisional applications under the Patents Act must not exceed the scope of the parent application and require plurality of inventions in the original claims. This decision reinforces the primacy of claims in determining the scope of patent protection.

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Delhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition Proceedings

The Delhi High Court has provided clear procedural guidance for patent opposition proceedings, focusing on transparency and fair opportunity for all parties. The judgment underscores the importance of timely decisions on claim amendments and systematic handling of pre-grant oppositions by the Indian Patent Office.

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Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

This post provides an analytical overview of the procedures and legal standards for post-grant patent opposition in India. It examines the Delhi High Court’s guidance on evidence, hearings, and the respective roles of the Patent Office and Opposition Board, underscoring the need for transparency and timely adjudication.

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High Court permits delayed trademark evidence because of E-portal upload issues

The Delhi High Court permitted delayed filing of trademark opposition evidence due to e-portal upload limits, clarifying statutory timelines under trademark rules. This case illustrates how technical challenges in e-filing are addressed by the judiciary to ensure procedural fairness in trademark proceedings.

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