Patent Law india | Intellepedia

Patent Filing Essentials

This post summarises the key requirements for filing a patent in India, including eligibility, timing, and procedural steps. It highlights essential documents and legal considerations for inventors seeking patent protection.

Intellectual Property Protection for Computer Programs – Part IV

This post explores software patent protection in India, comparing it to copyright law and analysing the legal complexities involved. It provides an objective assessment of the scope, benefits, and limitations of patent law in safeguarding computer programs.

The Right Time and Means to Publish a Patent Application

This article discusses the legal timeline and methods for publishing a patent application in India. It covers statutory requirements, exceptions, early publication, and the implications for applicants and third parties.

“Children, Don’t Just Invent, File Patents!”

The post celebrates Children’s Day by showcasing Sydney Dittman, a young inventor who patented an aid for disabled individuals. It emphasises the value of patenting children’s inventions and explains the legal aspects of her patented device.

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.