Tag: 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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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?

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Analysing Prior User Defence Mechanism Against Patent Infringement In India

Introduction “Prior user right” refers to the “legal right of a third party to continue using an invention that was already in use before a patent application for the same invention was filed”. This right is intended to balance the impact of the “first-to-file” principle with the interests of third parties as “prior use prevails … Continue reading Analysing Prior User Defence Mechanism Against Patent Infringement In India

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Jan Vishwas Bill: Description & Analysis

Brief Introduction The Department for Promotion of Industry and Internal Trade (DPIIT), on the advice of industry organisations and significant stakeholders, has proposed the Bill. The 108-page Jan Vishwas (Amendment of Provisions) Bill, 2022 as it was presented to the Lok Sabha, calls for amending 183 clauses found in 42 Acts that are controlled by … Continue reading Jan Vishwas Bill: Description & Analysis

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PPH- A Step towards Dilution of Indian Patent Regime?

India is a major hub for industrial activities and economic investments. Increased investments from foreign countries will surely boost India’s economy and facilitate a dynamic and fast-growing economic environment. In today’s world, Intellectual Property has emerged to be the most significant and valuable resource there is and India has recognized the same. Realizing the fact … Continue reading PPH- A Step towards Dilution of Indian Patent Regime?

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An Overview Of The Issues & Suggestions About Sec 146 Of The Patents Act, 1970 And Form 27

As a result to the PIL filed by Prof. Shamnad Basheer, complaining against IPO for noncompliance of section 146 (working statement of Patent invention), in the year 2015,  the Delhi High Court, recently in January 2018, passed an order directing the Government to submit an affidavit outlining a plan for putting in place a standard operating … Continue reading An Overview Of The Issues & Suggestions About Sec 146 Of The Patents Act, 1970 And Form 27

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