Indian Patent Law | Intellepedia

Summary of Indian Patent Cases of 2019

This post offers a detailed summary of important Indian patent cases decided in 2019, including interim and final court orders. It provides insights into judicial reasoning on patent validity, infringement, and procedural matters, serving as a valuable reference for IP professionals.

Fast tracking #Patents in India: Join us on 23rd November, 2019, to discuss strategies for expediting #PatentGrants

Changes in Indian patent rules now make it feasible to obtain patent grants within a year of filing. BananaIP Counsels is hosting a seminar on 23rd November 2019 to discuss practical strategies for expediting the patent process in India. The session, led by Dr. Kalyan Kankanala, is designed for businesses and individuals seeking quick patent protection.

Reduction in Patent fees, Faster patent grants now? New WIPO IP Portal and more

The Indian government proposes to cut patent fees for MSMEs and has amended rules to broaden the availability of expedited patent examination. This bulletin also covers global patent initiatives, recent patent disputes, and the launch of WIPO’s new IP Portal.

Patents (Amendment) Rules, 2019 come into effect

The Patents (Amendment) Rules, 2019 expand expedited examination eligibility and remove specific fees for PCT applicants. These changes reflect a structured approach to streamlining patent processes and increasing accessibility for diverse applicant categories.

Shouldn’t a Request for Prioritized Examination be Given Priority?

This post critically evaluates the procedures for prioritized examination of patent applications in India and abroad, focusing on eligibility and authority issues. It highlights the lack of clear guidelines for determining important applications, raising concerns about arbitrary decisions and confusion in the process.

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.