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Section 8: Foreign Filing Requirements Under the Patents Act, 1970
Introduction Patents are territorial rights and if a patent application is filed in more than one country, there are certain steps that need to be taken, to attain protection for such a patent in India. Section 8 and Rule 12 of the Patents Act, 1970 provide pertinent provisions that need to be kept in mind … Continue reading Section 8: Foreign Filing Requirements Under the Patents Act, 1970
Read more »Pre-grant opposition filed against Indian Patent Application no. 201721030943 dismissed
Recently, Khurana and Khurana Advocates and IP Attorney’s Patents team was successful in defending a pre-grant opposition filed to reject our client’s Indian Patent Application no. 201721030943. The application was opposed on grounds of lack of clarity and sufficiency of disclosure, lack of novelty, lack of inventive step, non-patentable subject matter under section 3(d), 3(f) … Continue reading Pre-grant opposition filed against Indian Patent Application no. 201721030943 dismissed
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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