Tag: indian patent act

Navigating Patentability: Metaverse Inventions Under the Indian Patent Act

20th December, 2024 - 6:38 am Categories: Patent Act

Industrial Relevance As defined under Section 2(1)(ac), Indian Patents Act, industrial application means any invention or discovery which may be used or adapted for manufacture in any industry including agriculture. Patent applications related to the Metaverse should explain how the invention works in practice, demonstrating a practical application beyond just theoretical principles of industry in … Continue reading Navigating Patentability: Metaverse Inventions Under the Indian Patent Act

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Scope of Changes Permissible Under Section 59 of the Indian Patents Act

24th July, 2024 - 10:16 am Categories: Patents

INTRODUCTION On July 5, 2022, the Delhi High Court made a significant judgment regarding Indian patent law concerning the alteration of claims according to Section 59 of the Patents Act. This judgment stems from a legal case between Nippon A N L Incorporated and the Controller of patents. In this instance, the court evaluated how … Continue reading Scope of Changes Permissible Under Section 59 of the Indian Patents Act

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Patent Litigation : Need of Specialized Patent Trial Courts in India

9th January, 2023 - 9:56 am Categories: Patent Litigation

INTRODUCTION Intellectual Property Rights, a set of technical rights giving rise to exceptionalism under patent law which has increasingly become a specialized field. The problem of abusive patent litigation has diverted the patentee’s attention from innovation to fighting against “patent trolls”. Through this research article, the authors try to emphasis on the need of judicial … Continue reading Patent Litigation : Need of Specialized Patent Trial Courts in India

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Considerations Under Section 8 Indian Patent Act, 1970

23rd September, 2019 - 9:27 am Categories: Intellectual Property Patent Act Patents

Intellectual Property Rights are jurisdictional in nature. Hence, instances wherein different patent applications for the same subject matter filed in different parts of the world are common. PCT (Patent Cooperation Treaty) does make it easier for patent rights to be granted worldwide, however, applicants still prefer filing separate patent applications in countries that aren’t covered … Continue reading Considerations Under Section 8 Indian Patent Act, 1970

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A Change in Year Brings Change in IP Laws and Policy

3rd January, 2014 - 12:26 pm Categories: IP Practice in India News & Updates Patents

The intellectual property (IP) concepts that are applied today to the national laws and international treaties and organizations date back to eighteenth century. The IP laws vary from one country to another. The changes in Intellectual property laws also depend on the changes in technology. Due to emerging new technologies and R&D activities, the intellectual … Continue reading A Change in Year Brings Change in IP Laws and Policy

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Central Government’s power of Revocation of Patent in Public Interest

2nd January, 2014 - 3:10 am Categories: IP Litigation IP Practice in India Patent Litigation Patents

Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, looks at Central Government’s power of Revocation of Patent in Public Interest. The Indian Patent Act,1970(hereinafter Act) empowers the Central Government to revoke any patent granted by the Indian Patent Office if it feels that the said patent is prejudicial to public … Continue reading Central Government’s power of Revocation of Patent in Public Interest

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Are food recipes patentable in India?

1st August, 2011 - 7:53 am Categories: IP Practice 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?

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