Indian Patent Law | Intellepedia

Post-dating Patent Applications: Frisk it Before You Risk it!

This article explores the risks and legal considerations of post-dating patent applications, with a focus on the impact on priority dates in India and internationally. Applicants are advised to closely monitor statutory deadlines, as post-dating can significantly affect patent rights and enforcement.

Patent Claim Drafting – Preamble

This post explores how the wording of the preamble in patent claims can affect the scope and enforceability of an invention. Drawing from US and Indian case law, it provides practical drafting guidance for patent professionals.

Salient Features of Patent (Amendment) Rules, 2011

The Patent (Amendment) Rules, 2011, simplify patent filing in India by enabling electronic submissions and online authentication. The amendments also address procedures for amending specifications, condonation of delay, and sequence listing requirements, enhancing efficiency for applicants and practitioners.

Patent: Stem Cell Patent Debate Never Dies

This post examines the legal and ethical debate over stem cell patents, contrasting recent European developments with the Indian approach. The analysis highlights the lack of statutory restrictions in India and anticipates future judicial scrutiny of embryonic stem cell patents.

Role of Third Parties in Patent Grant Process

The post explores how third parties can intervene in the Indian patent grant process through opposition and revocation mechanisms. It provides a clear overview of procedural rights, relevant authorities, and legal definitions under Indian patent law.

The Chemtura Case – Assent from US’ BPAI, but Dissent from India’s IPAB

The Chemtura case highlights IPAB’s approach to inventive step and patent revocation in contrast with the US BPAI’s grant. The decision underscores the significance of precise drafting and timely disclosure under Indian patent law.

Delhi HC Interprets the Date of Grant of Patent

The Delhi High Court clarified that a patent is granted on the date the Controller issues a formal order, which determines the timeline for pre-grant oppositions. This decision provides important clarity on the interpretation of Section 25 of the Patents Act for Indian patent practitioners.

Permission to File a Patent Application Outside India

Indian residents must secure permission from the Patent Office before filing a patent application outside India. Section 39 of the Indian Patents Act outlines the process and consequences of non-compliance. This post details the requirements and legal implications for inventors.

Inventive Step of an Invention Analysed

This post examines the Green Cross Holdings case, where the Indian IPAB upheld the rejection of a patent application for lacking inventive step. The analysis highlights legal standards of obviousness and inventive step under Indian patent law, emphasizing the importance of prior art disclosure.

Exclusive Marketing Rights and Stronger Patent Regime

This post examines India’s transition to a TRIPS-compliant patent regime, focusing on Exclusive Marketing Rights and the Mailbox Provision. It outlines legislative changes that facilitated the shift from process to product patents and clarifies the distinct role of EMRs during this period.