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Continue reading →: Designs (Amendment) Rules, 2021
By Amita Arora The Designs (Amendment) Rules, 2021, have come into force on January 25, 2021. The main features of the Amendment Rules are: Inclusion of startups Startups have been recognized as a category of applicant. For claiming the status of a start-up, an Indian company has to produce the certificate…
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Continue reading →: Awakening: IPAB Streamlines Opposition Procedure in India
By Archana Shanker Three orders, one after another in a span of 4 months, speak volumes. Valuable rights of creators and the country’s image cannot be held to ransom by a handful of miscreants. The message is loud and clear from Hon’ble Justice Manmohan Singh and Hon’ble Sir Mr. B.P.…
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Continue reading →: IPAB Streamlines the Proof of Right Requirement for National Phase Patent Applications in India
By Archana Shanker The issue of notice of entitlement/ proof of right to file an application for patent has extensively been dealt with by the Hon’ble IPAB in their order dated 17th October 2020 in OA/63/2020/PT/DEL. This decision comes at the right time and resolves many inconsistencies and streamlines procedure…
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Continue reading →: Taisho’s Luseogliflozin Granted Patent in India – Four Pre-Grant Oppositions Against Patent Application Dismissed
By Devinder Singh Rawat Indian patent application number 6000/DELNP/2007 claiming the compound Luseogliflozin, was opposed in a series of four pre-grant oppositions. The Controller of Patents has granted a patent on said application and has dismissed the four pre-grant oppositions vide order dated 19th November 2020. The application was opposed…
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Continue reading →: Indian Patent Office Publishes 2nd Amendment Rules, 2020
The Indian Patent Office has published the Patents (2nd Amendment) Rules, 2020 recently. Under this amendment the fees for small entities has been reduced and is now equivalent to the fees for natural persons and startups.
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Continue reading →: Pre-Grant Opposition Filed After IPAB Admits an Appeal Challenging Refusal of a Patent Application Held Not Maintainable
The Bombay High Court recently dismissed a writ petition challenging the order of the IPAB turning down the Petitioner’s pre-grant opposition filed after acceptance of an appeal against order of the Controller refusing a patent application. Brief Facts The Respondent, Pfizer Products Inc., filed an application entitled ‘Chiral Salt Solution’…
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Continue reading →: Central government publishes The Patents (Amendment) Rules, 2020.
In exercise of the powers conferred by section 159 of the Patents Act, 1970, the Central Government has further revised the Patents Rules, 2003 and these rules would be called the Patents (Amendment) Rules, 2020. The Rules have been amended particularly with regard to the requirements relating to working statements/…
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Continue reading →: Denial of a Fair Opportunity of Being Heard Results in Remand of the Application back to the Patent Office
In a recent decision, the Hon’ble IPAB allowed an appeal and the matter has been remanded back to the Patent Office for reconsideration by a new controller. The applicant argued that a fair opportunity of being heard was denied to them. It was argued that two new documents were cited…
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Continue reading →: Amendment supported by the description allowable under section 57 read with 59
The hon’ble IPAB has recently allowed an appeal and granted a patent to Prism Cement Ltd. The order throws some light on what may be considered allowable as an amendment under section 57 read with 59. The appeal was against a decision of the controller, where the controller did not allow…
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Continue reading →: Draft Rules Governing Patent Suits, 2020 publiched by DHC
The High Court of Delhi i(DHC) s in the process of framing Rules under Section 158 of the Patents Act. A draft of the proposed “The High Court of Delhi Rules Governing Patent Suits, 2020” has been published for comments/suggestions of the members of the Bar. The comments can be…
