Tag: india

Asian Innovation Surge

Patents have an incorrect notion of secrecy attached to them. Patents do not provide secrecy, for the same reason Coca Cola recipe till date has not been patented. As the lore goes, the original formula was patented in 1893 however the modified one has not been patented simply because patents provide protection for a limited … Continue reading Asian Innovation Surge

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Comments On The Prescribed Draft Of Amendments To Patent Rules

 The patents rules can be amended by the virtue of section 159 of the Patent Act 1970, the following changes were proposed by the Central government on 4th of December 2018 through the Department Of Industrial Policy And Promotion. 1. The notification takes the title of the rules to be amended to Patents (Amendment) Rules, … Continue reading Comments On The Prescribed Draft Of Amendments To Patent Rules

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Growing efficiency of Patent Prosecution in India – Comparative Study (2015 through 2017)

Patents have been a very functional and important aspect of Intellectual Property Rights (IPRs). They are also one of the oldest laws of IPR that have been prevalent in India since 1856. However, after lot of repeals and amendments, the final draft was introduced as Patent Act, 1970, which came into force in 1972. This … Continue reading Growing efficiency of Patent Prosecution in India – Comparative Study (2015 through 2017)

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Headline: Dealing with John Doe Orders in India

Standfirst: In an effort to reduce piracy, the media and film industries are increasingly seeking John Doe orders against internet service providers, illegal unlicensed distributors and cable operators, say Amruta Mahuli, Abhijeet Deshmukh and Abhishek Pandurangi of Khurana and Khurana. Pullquote: “The injunctions on blocking of entire websites ought not be granted ‘unless it is … Continue reading Headline: Dealing with John Doe Orders in India

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India’s time to delve into IP laws

Shireen Shukla, legal intern at Kkurana & Khurana, probes the recent International IP Index report, released by U.S. Chamber of Commerce, where India stood at 43rd position, out of 45 countries. On 8th February, 2017 U.S. Chamber of Commerce released its 5th annual International IP Index, “The Roots of Innovation,” rating 45 world economies on patents, … Continue reading India’s time to delve into IP laws

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Expedited examination and non-expedited (normal) examination: Who can file request for examination?

With effect from May 16, 2016 (effective date for Patent (amendment) rules, 2016), provision of expedited examination was introduced in the Patent system of India. This article does not intend to discuss the different timelines within which request for examination has to be filed in different situations, rather article is restricted to the eligibility of … Continue reading Expedited examination and non-expedited (normal) examination: Who can file request for examination?

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REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

This article focuses on the revocation proceedings which is one of the mechanisms available for annulations of Patents in India. What is revocation of a patent? When a patent has been sealed or granted, it is not always the case that the patent shall stay unhindered by any third party till the life of the … Continue reading REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

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Section 3 (K) of Indian Patent Act: Case Study

Ms. Anjana Mohan, intern at Khurana and Khurana, Advocates and IP Attorneys attempts to analyze case study related to section 3 (k) of Patent Act, 1970. Accenture Global Service Gmbh (Appellants) V Assistant Controller of Patents & Design and the Examiner of Patents (Respondents) Citation: OA/22/2009/PT/DEL and Miscellaneous Petition No. 118/2012 in OA/22/2009/PT/DEL Hon’ble Judges/Coram: … Continue reading Section 3 (K) of Indian Patent Act: Case Study

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Analysis of the rejection of Lumacaftor (Polymorph) patent application in India

We have been receiving requests from our Pharma clients/readers of the blog for the analysis of the decision/ facts that led to rejection of Lumacaftor (Polymorph) patent application in India since last year. Here is our take: Details of the Patent Application and important dates: Patent application number in India 2056/KOLNP/2010 Title of the invention … Continue reading Analysis of the rejection of Lumacaftor (Polymorph) patent application in India

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Simplified account of Design Registration in India

This article is intended with covering the basic FAQs about Design registration in India. For the sake of better focusing, format of questions and answers has been adopted. Industrial Designs are protected by different laws in different countries, i.e. some countries choose to go for Patent Registration and some go for specialized systems. Unlike USA … Continue reading Simplified account of Design Registration in India

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