The Patent Lawyer Magazine’s Post

India has seen a staggering growth, not just in patent filings but also in patent litigations. As per the Annual Report for 2022-23 published by the CGPDTM, there was 25% growth in overall patent filings from 2021-22 to 2022-23. Domestic filings of patents increased to 52.29% of total filings as compared to 40.41% in 2021-22. With the abolishment of the IPAB and transfer of jurisdiction to the High Courts, many significant patent judgments are now being passed by various High Courts - in appeals, revocations as well as infringement proceedings. This seems to be the golden age for development of patent jurisprudence in India. This Patent Yearbook 2023-24 by the #patentlitigation Team at Saikrishna & Associates is a collection of groundbreaking patent cases from India from January 2023 till February 2024, that have shaped patent law jurisprudence in the last one year. Link: https://lnkd.in/gNHus7rQ A big shout out to the Editorial Team Dr. Victor Vaibhav Tandon Parvati N Ayush Saxena #lawpickle #saikrishnaandassociates #saikrishnalitigation #patents #patentlaw

Succinct analysis of the key patent judgments from across India between Jan 2023 - Feb 2024. Dr. Victor Vaibhav Tandon Parvati N and Ayush Saxena Saikrishna & Associates #lawpickle #saikrishnalitigation #saikrishnaandassociates #patentlitigation #patents #patentlaw

A must read for any and everyone interested in patent and technology law in India!!

For those interested

We have prepared a compendium of important judgments passed by High Courts across India on Patent Law covering a period of 1 year. Patent Yearbook 2023-24 is meant to serve as a quick reference guide for those interested in the subject. Do let us know your thoughts!

Patent Rules Amendment, 2024 The Indian Patent Office has introduced the Patents (Amendment) Rules, 2024, bringing significant changes to the existing patent filing and prosecution process. Key highlights: >Reduced time limits for filing examination requests >Grace period provisions introduced for section 31 >Expedited disposal of pre-grant oppositions >Option to file divisional applications for disclosed inventions Please see the detailed summary of the amendments in the table below. If you spot any mistakes or have additional insights, please leave a comment below. #PatentLaw #IntellectualProperty #India #Innovation Prof. Unnat P Pandit

Patent Applications: Missed Hearings and Abandonment A recent Delhi High Court decision sheds light on the impact of missing a hearing (under S.14) in a patent application before the Controller. In Star Scientific Limited v. The Controller of Patents and Designs (2024:DHC:5653), the court clarified that patent applicant’s failure to attend a hearing does not mean that the application is abandoned. A patent application was rejected under Section 15 of Patents Act on the ground that the objections raised in the hearing notice remained outstanding, given the applicant did not attend the hearing. The applicant had made amendments to the application in response to the objections raised in the First Examination Report (FER). However, on receipt of the hearing notice, the applicant informed the Controller that the applicant was unable to attend the hearing due to financial constraints and requested the disposal of the application as per the provisions of the Patents Act. The Court noted that not attending the hearing cannot be a basis of rejecting the application under Section 15. It was held that given the applicant had filed a detailed reply to the FER, the Controller was required to pass a speaking order dealing with the reply to the FER. It is interesting to note that the applicant had not responded to the outstanding objections in the hearing notice, prior to the hearing. #patentlaw #intellectualproperty #legalupdate

In a recent judgment, the Delhi High Court emphasised that the Controller must issue a reasoned and speaking order when deciding on a patent application, regardless of whether the applicant is present at the hearing. Here's our update on the case: https://lnkd.in/g6bimNM3 #intellectualpropertylaw #iplaw #patentsact #patentsrules #patentapplications #patentattorneys #patentapplicants #reasonedorder #India #fmupdates #fma #foxmandal

This year, IP Day celebrated the idea of 'Building Our Common Future with Innovation and Creativity'. Do patents assume the character of material resources of the community by taking reference in Article 39(b) of the Constitution? A short write-up to connect the constitutional understanding to widen the reach of patent rights (a privately owned property). Thanks to Bar and Bench for publishing it. #ConstitutionofIndia #Constitution #InterdisciplinaryStudies #patent #CommonGood #judiciary https://lnkd.in/dN_MrfNF

Patent laws, including in India, usually allow oppositions to be filed against patent applications, either before or after they are granted. Appeals against decisions in opposition matters may also be permitted in some cases. In India, an appeal against a decision of a Controller may be filed in post-grant oppositions, but the law is not as straightforward when it comes to appeals in pre-grant oppositions. ... Authors: Essenese Obhan and Charul Yadav #india #indianlaws #intellectualproperty #patent #patentsinIndia #IndianPatentsAct1970 #IndianPatentsRules2003 #pregrantoppositioninIndia #postgrantoppositioninIndia #appealagainstpregrantoppositioninIndia #appealagainstpostgrantoppositioninIndia #DelhiHighCourt #BombayHighCourt #RichProducts #NovartisvNatco #Glochem #UCBFarchim #MylanLabs #ControllerofPatentsinIndia #writpetitioninIndia #writjurisdictioninIndia #Article226oftheIndianConstitution #Section25(2)ofIndianPatentsAct #Section117AofIndianPatentsAct #Rule55(1A)ofIndianPatentsRules #exhaustionofremediesinIndia https://lnkd.in/gsBvVyJw