Can the Indian patent office restrict the examination to certain set of claims?

A patent application is queued for examination once the request for examination has been made in the prescribed manner under sub-section (1) or sub-section (3) of section 11B. During the examination, the Patent office examines the patent application and issues a first examination report (FER), which is communicated to the Applicant. The objection raised in […]

Duty of disclosure – Information of foreign applications

Section 8 of the Indian Patents Act relates to furnishing information of foreign applications with the IPO. SECTION 8(1) of the Indian Patent Act mandates an Applicant to file an undertaking at the time of filing a Patent Application in India that the Applicant shall keep updating the Indian Patent office about the correspondence applications […]

Post – Dating of a Patent Application – Indian Perspective

Section 17 and 9(4) of the Indian Patent Act deals with post-dating of a patent application. It shall be noted that only a complete application can be post-dated to a later date. To interpret the provisions of post -dating an application, one has to rely on the Judgement passed by Delhi High Court on MAY […]

A note on foreign filing license requirement in India

Foreign filing license (FFL) is mandatory for person(s), who are resident of India, to apply for patents outside India without first applying in India. The guidelines for same are presented in Section 39 in The Patents Act, 1970. The provision states that a person (Applicant or Inventor) who is a resident of India has to […]

Patenting nanotechnology inventions – An Indian milieu

The current Indian patent regime fulfils nearly all the requirements of the TRIPS mandate as well as the Patent Cooperation Treaty, 1970. As newer technologies emerge, Science throws challenges after challenges in the path of law. Protection of some of these technologies has grey areas in Indian Patent system. One such technology is “nanotechnology”. Nanotechnology […]

Compulsory licensing – a panacea for controlling covid-19?

The on-going Covid-19 pandemic has taken a massive toll on the healthcare sector. The situation is dire in India with has led the Supreme Court of India to declare the second wave as a national emergency. In addition to the rampant increase in COVID cases, the non-availability of medicines such as Remdesivir, Tocilizumab and Favipiravir […]

Proof of Right requirements for PCT national phase applications

According to Section 6 of the Patents Act, an application for a patent can be made by a true and first inventor, an assignee of the inventor, or a legal representative of any deceased person who immediately before his death was entitled to make such an application. Further, in cases, where an application is made […]