02 Feb 2018

Patent Related Developments in 2017

The year 2017 saw several positive changes to India’s IP landscape. These include the Government’s efforts to promote IP protection and awareness, DIPP’s scheme of Modernization and Strengthening of Intellectual Property Offices[1], steps taken by office of the Controller General of Patents, Designs and Trademarks (CGPDTM) to streamline the process of filing and prosecution, and issuing of revised guidelines for examination of Computer Related Inventions. Further, Indian courts too interpreted patent laws more liberally than before.>>

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12 May 2017

It is a well-known fact that India as a country is rich in traditional knowledge (TK) which has been passed on across generations. Indian traditional knowledge is expressed in languages such as Sanskrit, Arabic, Persian, Urdu and Tamil; there is also a large body of unwritten knowledge that is passed on orally from one generation to another. Ancient traditional knowledge is vital to the identity of most local communities in India. TK also helps local communities thrive by way of culture, healthcare, trade and development, etc. TK is being commercially exploited in India and other countries by patenting. Patenting the already existing TK prejudices the interests of rightful owners and prevents others from using such TK.>>

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02 May 2017

When a patent application is filed in multiple jurisdictions, the applicant is obligated to disclose details of filing in other jurisdictions, to the Indian Patent Office. The details to be disclosed include application number, date of filing, jurisdictions/country(ies) in which the application has been filed, date of publication, date of grant, and status of the application(s). Objective of the section is to keep the controller/patent office apprised about the filing and processing of patent applications based on same or similar inventions in other jurisdictions.>>

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09 Mar 2017

In a constructive attempt to streamline, simplify and expedite the trademark registration processes, the Trade Mark Rules, 2017 have been notified and came into effect from March 6th 2017. In consonance with the National IPR Policy, 2016, the Rules also introduce specific provisions for Start-Ups and Small Enterprises to stimulate and promote innovation and creativity among such entities.>>

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02 Mar 2017

India’s trademark system continues to evolve. The advent of the new IP Policy in 2016, along with constant steps taken by the TM Registry to digitise processes, has yielded visible improvements towards quicker registrations in India. Once the new trademark law comes into force the regime is only going to get stronger and more business friendly.>>

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28 Oct 2015

Software Patenting has always been somewhat of a mystery in India. Confusion and misunderstanding have prevailed across not only Indian software experts but also amongst Indian Patent Attorneys and Indian Patent Examiners. There have been some guidelines for examination of Software patents in the past; however, they did not help much because those guidelines did not provide explicit criteria to identify and distinguish what did not fall under the ambit of “software patent”.>>

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10 Aug 2015

Recently, while speaking at the convocation ceremony at Indian Institute of Science, (IISc) Bangalore, unarguably one of India’s most prestigious institutions, Mr. N.R. Narayana Murthy, Chairman Emeritus, Infosys, touched upon something that made many people uncomfortable. He asked if India’s premier academic institutions (specifically the IISc and IITs) had contributed in making our society and the world a better place? He did not shy away from asking directly if there was one invention from India that had become a household name across the globe.>>

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