Tag: india

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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Simplified account of Copyright Registration in India

This article is intended with covering the basic FAQs about Copyright registration in India. For the sake of better focusing, format of questions and answers has been adopted. What is Copyright? Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound … Continue reading Simplified account of Copyright Registration in India

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Simplified account of Trademark Registration in India

We had written an article giving a simplified account of Patenting procedures in India to enable readers who are new to the Patents. Similar attempt is being made here to provide answers to the Trademark FAQs so as to enable readers who are new to the Trademark. What is trademark? What is mark? What are … Continue reading Simplified account of Trademark Registration in India

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Patent Cooperation Treaty National Phase Entry in India: 31 months Period: Effect of Patent (Amendment) Rules, 2016

Under Patent Cooperation Treaty (PCT), applicant gets varying period of 30-34 months to enter different states with National Phase applications. In the case of India, this period is 31 months. Decisions have been given by Hon’ble High Courts of India regarding extendible or non-extendible nature of this period of 31 months. In the case of … Continue reading Patent Cooperation Treaty National Phase Entry in India: 31 months Period: Effect of Patent (Amendment) Rules, 2016

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Revised Draft Guidelines for Examination of Pharma Patent Applications

We have earlier reported the release of Draft Guidelines for Examination of Pharma Patent Applications. The Patent office has now released revised draft guidelines and in continuation of our earlier article here, we explain herein what those revisions are and impact of the guidelines in general. The revised guidelines are available here. The revised guidelines … Continue reading Revised Draft Guidelines for Examination of Pharma Patent Applications

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Patent Registration Process in India

With a significantly increasing number of Individual Inventors and Small/Medium Sized Clients regularly asking on Patent Registration Process in India, this article is an effort by our Intern, Ananya Singh, to come up with a quick article on Patent Registration Process in India. We hope that a link to the article can give desired clarity … Continue reading Patent Registration Process in India

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