Patent law

The PCT System and India: International Filing, National Phase Entry and Prosecution Practice

Leave a Comment / Patent Article

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

The PCT System and India: International Filing, National Phase Entry and Prosecution Practice Read More »

Claim Drafting for Indian Patents – Types, Scope and Strategy

Leave a Comment / Patent Article

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 »

Specification Writing in Indian Patent Practice – Complete and Provisional

Leave a Comment / Patent Article

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 »

Section 3(d) and the Evergreening Debate in Indian Pharma Patents

Leave a Comment / Patent Article

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 »

Wockhardt Limited v. Torrent Pharmaceuticals Limited

Leave a Comment / Landmark Judgements on Trademarks

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 »

Maj. (Retd.) Sukesh Behl & Anr. v. Koninklijke Philips Electronics

Leave a Comment / Landmark Judgements on Patents

High Court of Delhi at New Delhi | Decided: 7 November 2014 | FAO(OS) No. 16 of 2014 Background Koninklijke Philips Electronics, the Dutch multinational corporation, had filed an application for a patent in India on 13 February 1995 for an invention described as a “method for converting information words to a modulated signal.” The

Maj. (Retd.) Sukesh Behl & Anr. v. Koninklijke Philips Electronics Read More »

Revocation of Patents under Section 64 – Grounds and Procedure

Leave a Comment / Patent Article

A patent, once granted, is not inviolable. The Patents Act, 1970 recognizes that the grant of a patent is an administrative act performed on the basis of an examination that, however thorough, may not always capture every deficiency in an application whether a failure of novelty, an insufficient disclosure, a statutory exclusion that was not

Revocation of Patents under Section 64 – Grounds and Procedure Read More »