Tag: Indian Patents Act

This is the second part of a discussion on synergism and the patentability of compositions in India, which details the manner in which patent applications for compositions have been prosecuted by the Indian Patent Office (“IPO”) over the years. The first part describing the ways in which synergistic effect may be demonstrated can be. ......

The patentability of compositions is governed by two key provisions in the Indian Patents Act, 1970 (“the Act”), i.e., the requirement that in order to be patentable, an invention must be novel, include an inventive step, and have some industrial applicability (Section 2(1)(j)), and the requirement that a substance obtained by a mere admixture resulting only in the aggregation of the properties of its components or a process for producing such substance is not patentable (Section 3(e)). ......

Patent applicants are sometimes unsure of whether working models or invention samples must be submitted when filing for an Indian patent; or, if a model or a sample is indeed required, the form and manner of such submissions. Under Indian law, there is no requirement to either mandatorily or voluntarily submit models or samples along with an application; such submissions are necessary only upon a request made by the Controller. ......

Patents are granted for inventions that are novel and involve an inventive step. Any information or material that is publicly available or published before the filing of a patent application is known as “prior art” and this forms the basis on which novelty and inventive step is determined. ......

The Indian Patent Office is responsible for administering the Indian law of patents, and its roles include patent administration, patent duration, and patent renewal, among other things. There are four patent offices in India, located in different cities, i.e., Chennai (in southern India), Delhi (in northern India), Kolkata (in eastern India), and Mumbai (in western India). In geographical terms, these four offices cover the length and breadth of the entire country. ......

From filing a patent to its eventual grant, there are various stages that a patent application goes through in India. Patent filing is the primary step an inventor must initiate to protect their invention from being misused. Before a patent is granted, the Indian Patent Office (IPO) meticulously examines it, to ensure that the innovation sought to be patented is novel and involves an inventive step based on specific criteria. ......

In patent law, there is a constant tug of war between the importance of incentivizing innovators and the need to ensure that consumers have access to innovations. The law reflects this tussle as well. But this constant striving to balance the rights between patentees and consumers is essential for the patent system to function and be meaningful to society. ......