Indian Patent Office Archives

Comments and suggestions on the Draft Patent (Amendment) Rules, 2015

The Ministry of Commerce and Industry, Department of Industrial Policy and Promotion ("DIPP") issued a notification on October 26, 2015 publishing the draft Patents (Amendment) Rules, 2015 ("Draft Rules") seeking to further amend the Patent Rules, 2003 ("Patent Rules"). The notification dated 26 October 2015, published on IP India invited comments on Draft Patent (Amendment) Rules, 2015. We have submitted our recommendations and suggestions to the Ministry and are awaiting to see positive changes in the proposed rules. In our…

December 2, 2015 BananaIP Reporter Patents 0Comment 518Views 0Like

ShareFacebook

Simple Strategies to Fight your Filing Blues

We all know one can never enjoy something that one does not have. It is literally true in case of patents. Patent rights are territorial in nature and can only be enjoyed in countries where one has filed an application for patent protection. The most common question that floods any patent applicants mind is whether they should file for patent protection outside the native country. If the answer is yes, how should they do it and where should they do…

November 6, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 430Views 0Like

ShareFacebook

Pfizer files for Patent on Known Substance

This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one aspect of the order that seems to contradict the Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate…

September 9, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 547Views 0Like

ShareFacebook

Featured image reads Patents, as the post is about patent infringement. To read the post click here.

New Computer Related Inventions Guidelines

The Indian Patent Office, after extensive consultative process, has issued an Order by which Chapter 08.03.05.10 of the Manual of Patent Office Practice and Procedure (MPPP), containing provisions pertaining to section 3(k) of the Patents Act, 1970, will stand deleted and replaced by the provisions of the new Guidelines, for examination of Computer Related Inventions (CRIs), with immediate effect. The Guidelines, while outlining the legal provisions related to CRIs, extensively demonstrates what ‘Patentable Subject Matter’ means and what parameters are…

August 27, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 533Views 0Like

ShareFacebook

Request for Examination of a Patent Application – Mandatory Requirement in India

In the Indian patent system, a request to the patent office has to be made to process the application to the Examination stage. Unlike other countries like the USA, where the examination fee has to be paid at the time of filing itself, Indian Patent Act 1970 provides 4 years time frame to file and pursue the application to the examination stage. A request for examination has to be filed within 48 months from the date of priority (priority date here…