Section 8 of the Indian Patent Act: Neither an Idle Menace nor A Mere FormalityVarshney, Swati
Key Takeaways: Novelty is a fundamental requirement for obtaining a patent under the Indian Patent Act India and the principle of absolute novelty and anticipation test Assessing novelty involves evaluating the claims made in a patent application in
On the other hand, there is a fear that decriminalising the working statement requirement under the Patents Act, 1970 might negatively impact innovation. Without the obligation to submit a working statement with a small fine to be paid in the event of fa...
Trumping TRIPS: Indian patent proficiency and the evolution of an evergreening enigmaSection 3(d) of India's Patents Act forbids patents on pharmaceutical substances that do not demonstrate a significantly enhanced efficacy over and above prior...
This is the first time any provision of the Act has ever been challenged as unconstitutional. This decision is important from a patent law perspective, since it discusses the scope, ambit and purpose of s.3(d), the parameters to be applied by the Patent Controller in applying the provision...
- To prevent such malpractices, the Indian Parliament has introduced amendments to the Indian Patent Act, specifically the Second Amendment. - This amendment includes: - Provisions to protect traditional knowledge and biodiversity. - Regulations that require MNCs to obtain permission and provide compensa...
When the controller is satisfied that the application does not comply with the requirement of theIndian patent act, it stands refused u/s 15. 9) Application Withdrawn U/R 26: When the applicant has filed a request to withdraw the application voluntarily. A request for withdrawing the applicatio...
[Section 83(a), The Patents Act, 1970]. An Annual Working Statement is required once a year in respect of the preceding financial year, which in India runs from 1 April to 31 March. The first year to consider is the financial year commencing immediately after the grant of the patent....
The Indian Patent Office has called for applications for the post of Scientific Advisors to assist Courts in patent infringement suits or any proceeding under the Patents Act (Section 115, Rule 103). Applicants must be: Those with a degree in science, technology, engineering or equivalent With ...
Circumventing the Debate over State Policy and Property Rights: Section 3(d) of the Indian Patents Act Law The development of patent law in India, more so than any other intellectual property right, from the time of India's independence to the present has paralleled the development of ...