Few obligations in Indian patent law are as frequently misunderstood, as consistently neglected and as consequential in their implications as the requirement to work a patent in India. The Patents Act, 1970 does not treat the grant of a patent as the end of the patentee’s obligations to the public it treats it as the […]
Working of Patents in India – Section 83, Form 27 and Consequences Read More »
Court: High Court of Calcutta | Date of Decision: 11 April 1996 Citation: AIR 1996 CAL 367; (1997) 1 CALLT 123 (HC); 100 CWN 562; (1996) 100 Cal WN 562; (1997) 2 CivLJ 302 BACKGROUND The plaintiff, Hindusthan Lever Limited, is a leading Indian manufacturer of soaps, detergents, cleaning preparations, chemicals and fertilisers, holding over
Hindusthan Lever Limited v. Godrej Soaps Limited and Others Read More »
India’s accession to the Patent Cooperation Treaty on December 7, 1998, fundamentally transformed the landscape for both inbound and outbound patent filings. For Indian applicants seeking protection across multiple jurisdictions, the PCT provides a single-window mechanism of unmatched procedural efficiency. For foreign applicants targeting the Indian marketone of the world’s most consequential pharmaceutical, technology and
High Court of Delhi at New Delhi | Decided: 12 December 2019 W.P.(C) No. 7 of 2014 & CM APPL. 40736/2019 Bench: Hon’ble Justice Prathiba M. Singh Citation: 2019 SCC OnLine Del 11867 Background Ferid Allani, a citizen of Tunisia, filed a patent application bearing No. IN/PCT/2002/00705/DEL through the Patent Cooperation Treaty route, seeking grant
If the specification is the heart of a patent application, the claims are its spine. Every structural decision in the specification how the invention is described, what embodiments are disclosed, which prior art is distinguished ultimately serves the claims, because it is the claims alone that define the legal boundary of the monopoly that the
Claim Drafting for Indian Patents – Types, Scope and Strategy Read More »
The specification is the heart of a patent application. Every other element of the application the claims, the abstract, the drawings derives its meaning and its legal validity from the specification and the quality of the specification determines, more than any other single factor, both the prospect of grant and the value of the patent
Specification Writing in Indian Patent Practice – Complete and Provisional Read More »
Few provisions in the entire canon of global intellectual property law have attracted as much sustained attention, controversy and scholarly debate as Section 3(d) of the Patents Act, 1970. In the two decades since India inserted this provision into its patent statute as part of the 2005 amendment that brought the country into compliance with
Section 3(d) and the Evergreening Debate in Indian Pharma Patents Read More »
Supreme Court of India | Decided: 12 September 2018 Civil Appeal No. (arising from Division Bench judgment of the Bombay High Court) Bench: Hon’ble Mr. Justice R.F. Nariman & Hon’ble Ms. Justice Indu Malhotra Citation: 2018 SCC OnLine SC 1846 Background Torrent Pharmaceuticals Limited, the plaintiff and respondent before the Supreme Court, is the registered
Wockhardt Limited v. Torrent Pharmaceuticals Limited Read More »
High Court of Delhi at New Delhi | Decided: 28 August 2009 CS (OS) No. 930 of 2009 Bench: Hon’ble Dr. Justice S. Muralidhar Citation: (2009) 41 PTC 260 (Del) | 2009 SCC OnLine Del 3108 Background Chemtura Corporation is a corporation organised under the laws of the State of Delaware, United States of America
High Court of Delhi at New Delhi | Decided: 10 September 2009 | I.A. No. 7441 of 2008 in C.S. (OS) No. 1206 of 2008 Bench: Hon’ble Dr. Justice S. Muralidhar Citation: 2009 SCC OnLine Del (C.S.(OS) No. 1206 of 2008) Background Strix Limited is a company incorporated in 1951 under the name Castletown Thermostats