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”

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”

IPO starts Auto allotment to Examiners and Paperless Patent Examination Reports

In order to rationalize the allotment of patent application to examiners for examination, an auto-allotment system has been implemented from 01 April 2016 by Indian Patent Office (IPO). Continue reading “IPO starts Auto allotment to Examiners and Paperless Patent Examination Reports”

IPO launches new Application Numbering format of Indian Patent Applications and Request for Examinations

The Indian Patent Office (IPO) has adopted a new Application Numbering format of Indian Patent Applications and Request for Examinations (RFE) and made effective from 01 January 2016. However, Application Numbers/Request for examination numbers that have already been allotted shall continue to be maintained. Continue reading “IPO launches new Application Numbering format of Indian Patent Applications and Request for Examinations”

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”