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…
Indian Patent Law
202 articles
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…
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…
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…
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…
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…
Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?
This post examines compulsory licensing in India, with emphasis on the local working requirement and its interpretation under Indian patent law. It discusses the legal debates surrounding the…
Patent War: Is the US Arm-twisting India?
This post examines the ongoing India US patent dispute, focusing on TRIPS compliance and contentious issues in pharmaceutical and software patents. It analyses whether US pressure may result…
Inventive Step – Technical Advance
The post analyses an IPAB decision on the patentability of a chaos theoretical exponent value calculation system under Section 3(k) of the Indian Patents Act. It discusses the…
Strategy to Patent Jamun
This article explores the strategy behind patenting Jamun-based ayurvedic compositions under Indian law. It critically assesses traditional knowledge exclusions and the requirements for novelty in patent claims.