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Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
The rationale for the exception will vary with purpose for which it is granted. However, in the previous article 30, it has already been explained that these justifying reasons come from numerous sources such as Articles 7 and 8(1), the Doha Declaration and GATT 1994 and TRIPS opening declarations. Just like Article 20 does not … Continue reading Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
Read more »Patents and Software Innovations: Global Perspectives
INTRODUCTION It has always been a gray area especially when it comes to relation between patents and software developments. As for the latter, there have been different solutions striving to solve the same on a worldwide level. Various nation-states, on some level, have embraced or rejected the desirability patentability of software innovations. For example, the … Continue reading Patents and Software Innovations: Global Perspectives
Read more »An overview of Patent (Amendment) Rules 2024
Introduction: The Department for Promotion of Industry and Internal Trade under Ministry of Commerce and Industry introduced the Patent Amendment Rules on March 15, 2024, amending the Patents Rules, 2003. Key Amendments: Rule 12: Statement and Undertaking Sub-rule (2) specifies the longest period in which the applicant must notify the Controller of information regarding patent … Continue reading An overview of Patent (Amendment) Rules 2024
Read more »Cogent Reasons– Controller of Patents to Provide reasoned Orders Of Refusal
Quasi-judicial bodies as part of their adjudicatory functions are burdened to provide a reasoned decision in the lights of the facts presented to them. The Madras High Court, in its judgment dated 11th December 2023 reiterated this principle of natural justice in a matter of appeal to an order of patent refusal. The Appellant made … Continue reading Cogent Reasons– Controller of Patents to Provide reasoned Orders Of Refusal
Read more »You’re Never Too Young To Invent!
Presenting to you the story of Olive and Olina, aged 7 years, two bright young minds whose perseverance and curiosity allowed them to become patent owners. Their invention, A DEVICE AND SYSTEM FOR MONITORING CHEWING HABIT AND A METHOD THEREOF, having patent number 484943 was granted in Dec 2023 and filed in November 2022, is not … Continue reading You’re Never Too Young To Invent!
Read more »Protecting Trade Secrets In India: What Laws To Take Help?
INTRODUCTION On sometimes, one finds dinner recipes that seem to employ basic items. The dish, however, would be referred to as a secret recipe by the chef. Why keep it a secret when the ingredients are so widely available? When utilised for business, the amounts of ingredients and the method of making a certain meal … Continue reading Protecting Trade Secrets In India: What Laws To Take Help?
Read more »Another Win for Novartis
Introduction It has been contended by the Pharma major that it is the patentee of the two tablets under the brand ‘Vymada’ in India. The plaintiff, Novartis was represented through advocate Mamta Jha and the primary bone of contention was to obtain a restraining order against the defendants. Moreover, the amount of time and efforts … Continue reading Another Win for Novartis
Read more »“An Aesthetic Shift From Old Patent Certificate To New Patent Certificate By The Indian Patent Office – A Comparison”
ETYMOLOGY OF PATENT IN INDIA The Act VI of 1856 was the first piece of patent-related legislation in India. This legislation’s goal was to promote the development of innovative, useful products and to persuade inventors to divulge their creations’ intellectual property. Act IX of 1857 subsequently abolished the Act because it had been passed without … Continue reading “An Aesthetic Shift From Old Patent Certificate To New Patent Certificate By The Indian Patent Office – A Comparison”
Read more »Powers Of Patent Examiner To Raise New Objections During The Course Of Hearing
Introduction The Indian Patent law provides that prior to the grant of any patent each application for patent has to undergo a thorough process of examination once its published. According to Section 11B and Rule 24B (1) (i) the said process of examination begins by filing a request for examination within the timeframe of 48 … Continue reading Powers Of Patent Examiner To Raise New Objections During The Course Of Hearing
Read more »A Critical Study of Disclaimer under Patents Act, 1970 in light of Judicial Pronouncements
INTRODUCTION Section 59 is a gateway to determine the scope of possible amendments. Therefore, it follows that the real leeway provided to applicants and patentees attempting to alter claims would rely heavily on the interpretive leeway allowed to the constraints established by Section 59. The Supreme Court of India has ruled repeatedly that if a … Continue reading A Critical Study of Disclaimer under Patents Act, 1970 in light of Judicial Pronouncements
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