Indian Patent Law | Intellepedia

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.

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 TRIPS agreement and the impact on pharmaceutical patents. The analysis is grounded in recent case law and policy submissions.

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 in sanctions or further negotiations under international norms.

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 distinction between technical advance and excluded subject matter in the context of inventive step.

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.

All is Not Lost: How to Restore your Priority Right!

The post analyses how loss of a patent priority right can impact subsequent applications and details restoration procedures under the PCT, EPO, and US systems. It stresses that in India, restoration is not allowed, underscoring the importance of strict compliance with filing deadlines.