Patent Law india | Intellepedia

Statement of Working to Compulsory Licensing – Are We Missing Something?

This post discusses whether failing to file the statement of working under Indian patent law justifies the grant of a compulsory license. It objectively analyses statutory provisions and their implications for patent holders and innovation.

Can Combining Contrivances Give Rise to Inventive Step? – An IPAB Case Note

This post reviews an IPAB decision on whether combining known elements in switch gears meets the inventive step requirement in Indian patent law. The case clarifies the threshold for patentability in combination inventions.

Common Reasons for Delay in Grant of Patent

Delays in patent grant often result from both procedural backlog and applicant inaction. This post examines key causes and recommends measures to expedite the patent examination and grant process in India.

Demystifying the Evergreen myth

This post explores evergreening in pharmaceutical patents and how Section 3d of the Indian Patent Act limits patentability for incremental inventions. It discusses the implications for innovation, generic competition, and the evolving legal landscape in India.

Keeping Secrets from the Patent Office? Think Again!

Section 8 of the Indian Patents Act mandates full disclosure of foreign patent filings by applicants. Failing to comply may result in opposition or patent revocation. This post provides a comparative legal analysis and discusses the consequences of non-disclosure.

Compulsory License for “Not working”

This post discusses the legal grounds for granting compulsory licenses when patented drugs are not locally worked in India, as revealed through recent Form 27 compliance issues. It analyses relevant sections of the Indian Patent Act and the implications for innovator pharmaceutical companies.

Biodiversity law requirement of NBA Approval for Indian herbal companies

This article reviews the necessity of NBA approval for Indian herbal companies under the Biodiversity Act, especially after the Divya Pharmacy judgement. It outlines the legal framework governing access, benefit sharing, and patent applications involving biological resources.

Draft Patent Rules 2019, India joins key WIPO treaties, Royal Enfield v. Flash Electronics and more

The bulletin examines the Draft Patent Rules 2019, India’s new WIPO treaty accessions, and key patent statistics. It highlights recent legal disputes and IP policy updates, providing a structured analysis of current trends in Indian intellectual property law.

Proceedings Before the Indian Patent Office

This article presents a comprehensive guide to the proceedings before the Indian Patent Office, covering each procedural stage. It discusses filing requirements, examination, opposition, and the grant process with objective legal analysis.

Patenting Indoor Cricket

This analysis explores the legal and historical dimensions of indoor cricket, including its rules, patenting, and influence on the sport’s evolution. The post evaluates how innovation and legal protection have contributed to the sustained popularity of cricket.