Indian Patent Act | Intellepedia

AvishCar – The Flying Maruti 800

This post discusses the AvishCar, a flying Maruti 800 displayed at AeroIndia 2011, with a focus on patent law and intellectual property protection strategies. It analyses the legal provisions and practical implications under the Indian Patent Act, 1970.

A Conduit for INVALID PATENTS – Section 13(1)(b)

Section 13(1)(b) of the Indian Patent Act may inadvertently allow for the grant of invalid patents by restricting prior art consideration to only the claims of earlier Indian applications. A reconsideration of this provision is suggested to ensure more robust patent examination and to achieve the legislative intent of preventing invalid patents.

Patenting a Food Recipe?

This post analyses the patentability of food recipes in India, focusing on exclusions under section 3 of the Indian Patent Act. It explores when a food recipe may qualify for patent protection and provides relevant examples from patent classification systems.

Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

Bishwanath Prasad Radhey Shyam vs Hindustan Metal Industries established the standard for inventive step and novelty in Indian patent law. The Supreme Court’s reasoning remains central to assessing patentability in India.

Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

The post discusses whether patent claim amendments should be permitted during litigation, highlighting the Delhi High Court’s approach in the AGC Flat Glass case. It critically evaluates the legal and procedural implications of such amendments within the Indian patent system.

Mock Opposition Proceedings – A mock problem by Dr. Kalyan C. Kankanala at UPES School of Law

This mock problem examines a patent opposition proceeding under Indian law, involving claims of wrongful obtainment and lack of inventive step. It highlights core issues faced in patent litigation and legal standing in opposition cases.

First Amendment to WTO comes into force

The first amendment to the WTO TRIPS Agreement permits compulsory licensing for pharmaceutical exports to countries lacking manufacturing capacity. India implemented this provision through Section 92A of its Patents Act, reinforcing its commitment to global public health.

The greatest ‘Intellectual Property’ of Our Nation

Dr APJ Abdul Kalam’s life and work exemplify the highest ideals of innovation for national good. His approach to intellectual property and technology continues to inspire generations in India. This post analyses his contributions and enduring legacy.

Request for Examination of a Patent Application – Mandatory Requirement in India

Filing a request for examination is a mandatory requirement for patent applications in India. The request must be made within 48 months, using Form-18 and the prescribed fee, to initiate the formal examination process under the Indian Patent Act.