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Are food recipes patentable in India?
A few days back, one of our clients came to us asking whether his new food recipe, which he claimed to be new, can be patented in India or not. The answer of course is yes, though depending on a number of factors which we discuss hereinafter. Patent Amendment 2005 of the Indian Patent Act … Continue reading Are food recipes patentable in India?
Read more »ENERCON INDIA LTD. (EIL) VS. ENERCON GMBH (EG)
This article is directed to interested persons who have not been regularly following the Enercon Case, one the few patent litigation battles which have seen the light of day and is setting new standards in decision making on issues relating to formality rejections and obviousness/inventive step issues. This article puts a quick snapshot of what … Continue reading ENERCON INDIA LTD. (EIL) VS. ENERCON GMBH (EG)
Read more »With newly amended TM rules, will India keep up the pace with other global countries?
The Process of trade mark registration in India being very slow is not only time consuming but also sometimes frustrating. Hopes soared high when in the beginning of year 2010, Trade Marks Registry assured attorneys and applicants that all records of the TM Registry were being digitized and on completion of digitization process, the movement … Continue reading With newly amended TM rules, will India keep up the pace with other global countries?
Read more »The major changes proposed in Draft Patent (Amendment) Rules 2011
The Indian Patent Office released draft amendment to the Patent Rules on March 8, 2011. The Draft amendment is directed to rules 6, 9, 14, 15(3) and the First schedule of the Patent Rules and mainly relates to e-filing of patent applications and related forms. Any interested person was entitled to send comments and suggestions … Continue reading The major changes proposed in Draft Patent (Amendment) Rules 2011
Read more »INDIAN GRANTED PATENTS…ENFORCEABLE?
The Indian Patent Act, 2005, like for most other geographies, does accord to and follow the disclosure guidelines put forth by the TRIPS and has similar Patentability grounds, especially for non-Pharmaceutical subject matters, in which the contention over 3(d) leads to a different interpretation over efficacy grounds. Furthermore, special provisions such as those provided under … Continue reading INDIAN GRANTED PATENTS…ENFORCEABLE?
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