With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court

The President of India has promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 on 04 April 2021 (“Ordinance”). The Ordinance has been brought to effect immediately.

In the context of Intellectual Property Laws, the present Ordinance has omitted references to “the Appellate Board” and substituted the same with the words “High Court” as applicable under the following statues:

Continue reading “With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court”

The Act and the Rules have to expressly reflect the legislative intent to permit relaxation of time limits

The Delhi High Court has in a recent order clarified certain aspects of rule 138 of the Patents Rules of India. Continue reading “The Act and the Rules have to expressly reflect the legislative intent to permit relaxation of time limits”

IPO calls for comments on the issues relating to working of patents from stakeholders

In view of certain issues being raised regarding the provisions of working of patents and filing of working statements under the Patent Act, 1970, Indian Patent Office [IPO] has decided to have a consultation meeting with the stakeholders to receive feedback and further streamline procedures in this regard. Continue reading “IPO calls for comments on the issues relating to working of patents from stakeholders”

High Court observes lapses in filing of Working Statements under Indian Patent Act

A writ petition was filed before an Indian High Court wherein lapses in the filing of “patent working documents / Form 27” by the patentees and failure to completely adhere to the statutory requirements, as prescribed in the Indian Patent Act and Rules therefore, were pointed out. Continue reading “High Court observes lapses in filing of Working Statements under Indian Patent Act”