An action for patent infringement in India is not maintainable during the pendency of an appeal against an order revoking the patent. In Novartis AG & Anr. V. Natco Pharma Limited CS (COMM) 229/2019 and I.As. 11304/2019, 11305/2019, the Delhi High Court (the ‘Court’) has clarified that an action for infringement is not maintainable in […]
Publications
INDIA AND JAPAN- BILATERAL PATENT PROSECUTION HIGHWAY
The Indian Patent Office (‘IPO’) and the Japan Patent Office (‘JPO’) have jointly embarked on a Bilateral Patent Prosecution Highway (‘PPH’) pilot program (the ‘PPH program’). Pursuant thereto, applicants can request for expedited examination by complying with the stipulated procedure. Applicants need to bear in mind the following: The number of requests accepted by the […]
Patentability of Computer Related or Implemented Inventions (CRIs or CIIs) in Singapore, Indonesia, Thailand, Vietnam, Philippines, and India
Patent legislation and practice in the patentability assessment of computer related or implemented inventions differ from country to country. “Computer Related Inventions” (“CRIs”) or “Computer Implemented Inventions” (“CIIs”) has been given an explicit definition in some countries such as in Philippines and India. These countries both define CRIs or CIIs as those inventions involving computers, […]
Improvements in the India IP Scene
The US Chamber of Commerce Global Innovation Policy Center (“GIPC”) has recently released its 2018 Intellectual Property Index (“IPI”) in February 2019. India has improved on its previous 2017 position of 44 in 2017 and now ranks at number 36 out of 50 countries. Countries are ranked annually by the GIPC based on their trademark, […]
Is ‘Patent Working’ Information Confidential in India?
The very foundation of the patent system is a quid pro quo – a set of exclusive rights granted to a patentee in exchange for inter alia the patentee’s duty to fulfil the society’s reasonable requirements in relation to the invention (including the ‘working’ of the said invention within the jurisdiction). The Indian Patents Act […]
GI Registration for ‘Rasgulla’: Sweet News to be Taken with a Pinch of Salt?
The newsfeeds of Intellectual Property enthusiasts and connoisseurs of fine desserts were recently inundated with news of the Rasgulla being granted Geographical Indication (‘GI’) registration in India. In the midst of all the hype and hoopla, the Chief Minister of West Bengal (a State to the east of India) went on to tweet “Sweet news […]
Mattel, Inc. v Aman Bijal Mehta: A Loss of Face for ‘Barbie’?
“Hi, Barbie….Hi, Ken! Do you wanna go for a ride? Sure, Ken! Jump in…I’m a Barbie girl in the Barbie world……Life in plastic, it’s fantastic! You can brush my hair, undress me everywhere…..Imagination, life is your creation…..Come on, Barbie, let’s go party!……I’m a blond bimbo girl in a fantasy world…..Dress me up, make it tight, […]
Revised Trademark Rules in India
The Government of India announced broad changes to the Trademark Rules on 6 March 2017. The changes came into effect immediately. The relevant changes to the Rules are: 1. Increase in Official Fees 2. Registration of Well-Known Marks A trademark owner can now seek to have his mark to be declared “well-known” in India […]
India IP Policy, Patent Legislation: Amends Patent Rules to Expedite Grant
The Patent (Amendment) Rules, 2016 were implemented by the Indian Patent Office on 16 May 2016. The salient features of the said rules are as follows: Reduction of time to file response to First Examination Report (FER) The time allowed to respond to a FER for putting an application in order for grant has been […]
Increase in Official Fees for Patents in India
The Government of India, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) has published the Patent (Amendment) Rules, 2014 on 28 February 2014. The amendments are effective from the date of publication. The salient aspects of the amended rules include: Applicant: Introduction of a third category of applicant for patent in the […]