Section 3(i) of Indian Patent Act – touching on non-patentability, exceptions & grey areas!

Patentability of methods for treatment has been objected under multiple jurisdictions. Similarly, the provision of section 3(i) of the Indian Patent Act, 1970 prohibits grant of Patent to any invention relating to “any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.” Continue reading “Section 3(i) of Indian Patent Act – touching on non-patentability, exceptions & grey areas!”

Revised Guidelines for Computer Related Inventions and Patentability under section 3(k) of The Patents Act of India

The Indian Patent Office (IPO) has recently released another set of guidelines (‘Revised Guidelines’) on how to deal with section 3(k) of the Patents Act, 1970 (as amended) (‘Act’) of India particularly clarifying examination of Computer Related Inventions (‘CRIs’) thereby overriding the previous guidelines published in February 2016, (‘Previous Guidelines’). Continue reading “Revised Guidelines for Computer Related Inventions and Patentability under section 3(k) of The Patents Act of India”

Protection of Inventions Relating to Pharmaceutical and Like Products

The provisions of Section 3(d) of the Indian Patents Act excluding the grant of patents on inventions relating to the “mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance” have generated certain myths about processing of such patent applications in India. Continue reading “Protection of Inventions Relating to Pharmaceutical and Like Products”