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Continue reading →: Monsanto Technology’s patent for BT cotton held not patentable
The Delhi High Court has dismissed Monsanto Technology’s patent for BT cotton and the claims of the Patent have been held to be not patentable under section 3(j) of the Act. Delhi High court also dismissed Monsanto’s plea to enforce said patent partially allowing the counter-claims of Indian seed companies –…
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Continue reading →: A tilt observed towards simplifying Form 27
The Stakeholder Meeting in relation to the issue of working statements was held on April 6, 2018. The meeting was presided by the Controller General, Mr. O.P. Gupta who was ably assisted by Dr. K.S. Kardam, Mr. B.P. Singh and Dr. Usha Rao. Anand and Anand was represented by Ms.…
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Continue reading →: Request for withdrawal of post-grant opposition not allowed
A patent granted in favor of M/s J. C. Bamford Excavators Ltd. has been revoked by Deputy Controller of patents and Design, Mr. Naveen Mathur in a post grant opposition on the grounds of non-compliance of Section 8 of the Indian Patents Act. The revocation is based on only the…
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Continue reading →: Video Conferencing- A Welcome Change initiated by the IPO
Change is the only constant thing and recently, based on the comments provided by the stakeholders, the process of holding hearings saw a welcome move in the form of installation of video conference facility at the Patent office and at the agent’s respective offices which will readily bring down the time…
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Continue reading →: IPO STAKEHOLDERS MEETING – WORKING OF PATENTS
The Indian patent office is holding a stakeholders consultation meeting regarding issues relating to the annual statement of working of Patents under section 146 of the Indian Patents Act on 6th April 2018 at New Delhi. Prior to the meeting the stakeholders were asked to provide their comments on the issues…
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Continue reading →: Startups status clarified; Rule 2 of Patent Rules amended
By its Gazette notification dated December 1, 2017, the Central Government amended sub rule (fb) under rule 2 of the Patent Rules, 2003 and clarified that ‘startup’ is any entity recognised as a start up by the Startup India Initiative, and in case of a foreign entity, the criteria of…
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Continue reading →: WIPO Digital Access Service (DAS) started by IPO
Indian Patent office (IPO) has started the WIPO Digital Access Service (DAS) with effect from 31/01/ 2018 for priority documents submitted by the applicants from the participating Patent offices under the WIPO–INDIA Cooperation agreement. WIPO Digital Access Service (DAS) facilitates easy, secure, quick and inexpensive procedure for submission of certified…
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Continue reading →: Request for examination cannot be filed beyond the prescribed time of 48 months
Sphaera Pharma, Pte.’s, writ petition, seeking to restore the Indian Patent Application No. 3584/DELNP/2015 has been dismissed by the Delhi High Court. Earlier, the Petitioner had failed to file the request for examination within the prescribed time i.e. within a period of 48 months from the priority date (on or…
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Continue reading →: “Disturbing Trend” Of Long Interim Orders In IPR Suits
The issue of long and delayed interim orders attracted the Supreme Court’s (SC) attention in a Petition challenging an order passed by the Delhi High Court in march this year (In M/S. INTEX TECHNOLOGIES (INDIA) LTD. & ANR. VERSUS M/S. AZ TECH (INDIA) & ANR). The Apex Court noticed that the…
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Continue reading →: Working of Patents being reviewed by the DHC
The Delhi High Court (DHC) is currently hearing a Writ petition related to working of patents in India and in an interim order has observed that there appears to be non-compliance issues with respect to this highly debated provision. Section 146, Rule 131 of the Patent Act empowers the Controller…
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