Tag: Indian Patent Office

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ......

The question of whether an invention for a method of treatment of plants is also a method of agriculture or horticulture, and therefore, excluded from patentability, has been laid to rest by multiple decisions of Indian high courts. This note discusses three recent cases from the Delhi and Calcutta High Courts, which discuss the applicability of Sections 3(h) and 3(i), and will significantly impact patent applications in this space. ... ...

Indian law excludes from patentability ‘essentially biological processes’ under Section 3(j) of the Patents Act, but does not explain what degree of human intervention can shift an invention away from being deemed ‘essentially biological’. A recent decision of the Madras High Court attempts an interpretation of this provision, highlighting also the importance of well reasoned orders from the patent office. ......

Divisional applications must be filed before the parent patent application is granted or rejected, but getting the timing right can be tricky, especially when it is not known as to when the grant or rejection will actually take place. A recent case from the Madras High Court offers insights as to when divisional applications must be filed in different scenarios. ......

False or incomplete disclosures can be costly - this follows from a recent decision of the Delhi High Court, where the global technology giant Google had to not just forgo its patent application for not meeting conditions of patentability, but also pay a fine for not providing complete and correct information of corresponding foreign filings in connection with the application. ......

Among the many exclusions to patentability, the Indian Patents Act, 1970 (“the Act”) also excludes “diagnostic methods” under Section 3(i). But the term itself has been applied inconsistently by the Indian Patent Office (“IPO”). This note discusses a recent decision of the Madras High Court on the interpretation of this term and its implications on related patent applications. ......

Much emphasis is placed in patent law on the importance of filing for protection as early as possible in the inventive process, in order to obtain necessary rights and benefits. But these applications are by no means set in stone. There is room to amend patent applications, and in India, amendments can be done both while an application is pending, and after a patent has been granted, subject to appropriate permissions from the Controller. ......

Patent prosecution is the centerpiece of the process of obtaining a patent. The proceedings during prosecution serve as important legal guidance on the patentability of the invention, and successful prosecution is key to ensuring that patent rights are protected. ......

Patents, like other forms of intellectual property, are jurisdiction specific. In other words, you obtain protection only in those jurisdictions where you have sought protection. The application process is long, and can stretch for months, or even years on end. While the end result, if successful, can be immensely satisfying and rewarding, the prospect of having to repeat this process in other countries can be quite overwhelming. ......