Tag: Indian patent act 1970

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

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Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.

Introduction The Plaintiff no.1 is the industry leader in rail fastenings and track elasticity solutions headquartered in the United Kingdom. The plaintiff no.2 is a joint venture between the plaintiff no.1 and Rahee Industries Ltd. The defendant no.1 is a company in the business of dealing in railway track engineering. Defendants no.2 to 5 are … Continue reading Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.

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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

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Filing Yearly Statement Of Working Of Patents In Form 27

Congratulations if you have secured a patent in India – truly well-deserved going through all that you’ve gone through. It could now be of relevance for you to know about a compliance requirement pertaining to your patent(s). A statement of working of the patented invention in India is required to be furnished to the Indian … Continue reading Filing Yearly Statement Of Working Of Patents In Form 27

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Patents (Amendment) Rules, 2018

Introduction On the 4th December, 2018, The Ministry of Commerce and Industry released the draft (rules amendment) for Patents Act 1970. These rules are mainly amended with respect to international applications, patent opposition and a few form related extensions. The Central Government proposes to make these amendments in exercise of the powers conferred by section … Continue reading Patents (Amendment) Rules, 2018

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Requirements to be Fulfilled If Invention Uses Biological Material

You might find this article useful if you have questions like what is Budapest treaty, is India also a member of the treaty, if my invention uses biological material, what obligations I have to fulfill under this treaty, what are the timelines to comply with those. Budapest treaty is the international treaty on the recognition … Continue reading Requirements to be Fulfilled If Invention Uses Biological Material

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