Indian Patent Law | Intellepedia

Patent Process- Examination of Patent Applications in India

This post analyses the patent examination process in India, from the filing of a request for examination to the issuance of the First Examination Report. It discusses statutory requirements, applicant responses, and the legal framework governing objections and amendments.

Standard-Essential Patents & FRAND licensing in India

This post analyses the legal and industry dynamics of standard essential patents and FRAND licensing in India. It covers key cases, policy challenges, and the complexities of balancing SEP holder and licensee interests in the Indian context.

Merck v. Glenmark – A Bitter Battle of Pills

The Delhi High Court restrained Glenmark from manufacturing and marketing generic versions of Merck’s patented antidiabetic drugs. This case underscores key principles of Indian patent law and the balance between patent rights and public interest.

Compulsory Licensing in India

This article analyses the evolution and practice of compulsory licensing in India, focusing on landmark cases and their effects on patent activity. It assesses whether compulsory licensing influences innovation and discusses the operational challenges within the Indian Patent Office.

Patents, Compulsory Licensing and Business Strategy

This article explores compulsory licensing in patents under Indian law, focusing on its impact on business strategies and public interest. Through case studies and legal analysis, the article highlights the importance of aligning patent management with India’s unique legal framework.

Letter to the PM against Software patenting

A collective letter to the Prime Minister raises critical issues regarding the 2015 software patenting guidelines, citing potential harm to innovation and conflicts with Indian law. The post analyses stakeholder concerns and the legal implications for the Indian software industry.

Pfizer files for Patent on Known Substance

This post examines Pfizer’s patent application on a known substance and the Indian Patent Office’s refusal in light of Section 3d and the Novartis decision. It discusses whether unpublished patent applications can render a substance as “known” and critiques the merging of novelty and subject matter analysis.

Pfizer falls prey to Section 3(d)

This post analyses the Indian Patent Office’s rejection of Pfizer’s Tofacitinib patent under Section 3(d). The decision addresses issues of novelty, inventive step, and the requirement for evidence of enhanced efficacy in pharmaceutical patent applications.

Lee Pharma v. AstraZeneca- An unfinished Patent Story

This post examines the Lee Pharma v. AstraZeneca case on compulsory licensing under Indian patent law. The Controller’s decision sheds light on the standards for proving public need, affordable pricing, and working of patents in India.

PIL, IPO and Statement of Working of Patents

This post explores the statutory requirements for the statement of working of patents in India, assessing the legal provisions and practical challenges faced by the patent office. It provides an analytical perspective on compliance, resource implications, and public interest concerns within the Indian patent framework.