Section 8 Compliance in India: Disclosure Obligations and Prosecution Risk for PCT Applications
Section 8 of the Indian Patents Act imposes a continuing obligation to disclose corresponding foreign filings. For PCT national phase applications, non-compliance can lead to examination objections and opposition risk. This article examines disclosure scope, procedural exposure, and strategic considerations for foreign patent attorneys managing India filings.
Pre-Grant Opposition in India: Risk Assessment for PCT National Phase Applications
Pre-grant opposition in India allows third parties to challenge a patent application at any time after publication and before grant. For PCT national phase applications, this creates a distinct procedural risk. This article examines opposition grounds, timing, and strategic considerations for foreign patent attorneys managing India filings.
Computer Related Inventions (CRIs) Before the Indian Patent Office: Drafting Strategies That Survive Section 3(k) Objections
Computer Related Inventions in India face close scrutiny under Section 3(k) of the Indian Patents Act, 1970. Claims that survive in the US or Europe often encounter objections before the Indian Patent Office. This article examines how Section 3(k) is applied in practice and outlines drafting strategies that improve the likelihood of allowance during India PCT national phase prosecution.
First Examination Report in India PCT National Phase: What Foreign Counsel Should Expect
Foreign patent attorneys often underestimate how decisive the First Examination Report is in India. This guide explains deadlines, eligibility objections, amendment limits, and practical prosecution strategy for PCT national phase applications.
Why PCT National Phase Applications Get Objected in India and How Foreign Counsel Can Avoid Delays
Indian patent examinations often raise predictable objections in PCT national phase filings. This guide explains why they occur and how foreign patent attorneys can prevent prosecution delays.
PCT National Phase in India Translation and Claim Amendment Strategy for Foreign Patent Attorneys
Guidance for foreign patent attorneys on translation accuracy, Section 59 amendment limits, and claim strategy considerations during India PCT national phase entry to avoid added matter and examination complications.
PCT National Phase Entry in India: Guide for Foreign Patent Attorneys
A practical guide for foreign patent attorneys on PCT national phase entry in India, including deadlines, document requirements, and working with a local patent agent.
What Makes an Invention Patentable in India Under Indian Patent Law
What makes an invention patentable in India? Learn how novelty, inventive step, subject matter, and disclosure are evaluated—and how startups and R&D teams can avoid common patent filing mistakes.
Live Webinar on IP Audit for Startups and business
IP Audit for Startups & Businesses ₹ 199 | 4:30 pm | 20th Feb 2026 Every startup, business, and creator already owns valuable Intellectual Property (IP) — but most fail to identify, protect, or...
Can You Patent an Idea Without a Prototype in India? What the Law Actually Requires?
Can you patent an idea in India without building a prototype? This article explains what Indian patent law actually requires, the difference between ideas and inventions, and how startups and R&D teams should approach early patent filing.
Why Technically Brilliant Inventions Still Fail Patentability Tests: A CTO’s Perspective
Many technically advanced inventions fail patent examination not because they are weak, but because they are framed wrong. This article explains why patent law does not reward engineering effort, and how startups and R&D teams must align innovation with legal strategy to secure defensible patents.
Sea Energy: Patent Landscape Report
The growing global demand for clean and sustainable energy has driven significant interest in harnessing the power of the oceans. Sea energy, encompassing technologies such as wave energy, tidal...
Wind Energy: Patent Landscape Report
Wind power is one of the fastest growing sources of power in the world, because of the imperative to clean the air we breathe and the environment we live in. From bigger, more efficient turbines, to...
CRISPR Genome Editing in Humans : Patent Landscape Report
This patent landscape report explores global innovation trends in CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats) genome editing technologies, with a specific focus on their...
Unitary Patent Systems in Europe
The Unitary Patent System was created to make patent protection in the EU easier and cheaper. Before this, inventors had to apply separately in each country. Now, one application gives protection in...
COMPULSORY LICENSE OF PATENTS: A comparative analysis on compulsory license of patents in India, EU, US and Japan
Compulsory licensing refers to a legal means by a government that permits a third party to make, use, or sell a product or invention without the consent of the patent owner. The patent owner retains...
Breach Vs Material Breach
A breach of agreement (or breach of contract) happens when one party fails to fulfill its obligations under a legally binding agreement without a valid legal excuse. In simple terms, it means that...
Innovative Product of the Week: Traditional & Healthy Himalayan Food – Himalayan Gatherer
Fiddlehead ferns, Forest Pickle Forest Pickle- Fiddlehead ferns are young, curled leaves of the fern plant that are harvested in the spring. They have a delicate flavour and a slightly crunchy...
Inspiring Tales with Bindu: Bringing healthy food from the mountains to your plate: Kanav Vaidya & Himalayan Gatherer
Living in the hills inspires Kanav Vaidya to create a unique range of natural and healthy products. The Himalayas inspired him to create a health food brand that emphasizes sustainability and...
Capping an Indemnity clause in an Agreement
The indemnity clause is a provision in a contract that outlines one party's obligation to compensate the other party for certain losses or damages that may arise from specific events or claims. The...
Due Diligence of Patent Portfolio at the Time of Acquiring a Company
At the time of Merger and Acquisition (M&A) of a company there are manifold considerations that need to be looked at. One such consideration, an important one, is the Intellectual Property (IP)...
Ensuring compliance with the DPDP Law: A Comprehensive Guide For Data Fiduciaries
As the data protection landscape evolves, compliance with the Indian Data Protection and Digital Privacy (DPDP) Act becomes increasingly important. This is not only a legal requirement, but also...
Importance Of Jurisdiction In Contracts
A "Jurisdiction Clause", also known as a "Choice of Law" or "Forum Selection Clause", is a crucial provision often included in commercial contracts. It establishes the jurisdiction or court that...
Innovative Product of the Week: Research and feedback gathering platform, Emozo
Emozo is a Do-It-Yourself research and feedback gathering platform that’s focused on helping brands collect high quality emotional and behavioural data from audiences, in response to digital stimuli...
Inspiring Tales with Bindu: Collect data from real humans around the world with Emozo, the brainchild of Indranil Mukherjee
Indranil Mukherjee is a first-time entrepreneur. He took the plunge in the early days of Covid, after 25 years of consulting and product engineering experience in the Tech industry. He lived and...
Importance of Data Privacy – GDPR and DPDP Act
Data privacy is a discipline intended to keep data safe against improper access, theft or loss. I is vital to ensure that data is kept confidential and secure, and this is achieved through...
Implications of DPDP Act on Companies
India’s Digital Personal Data Protection Bill was tabled in 2022, and was finalized as India’s Digital Personal Data Protection Act (DPDP Act) when it received approval from both houses of...
The Role of Global Prior Art in Patent Applications: Importance and Implications
When planning to file a patent in India or any other country, one might wonder why patent examiners consider inventions and publications from other countries. Shouldn’t the focus be solely on what...
Steps and process of Copyright assignment in India
The assignment of copyright is dealt under S.18 of the Copyright Act, 1957. The assignment of copyright, as per S. 18(1) means the transfer of rights of the copyright from the owner (assignor) to...
Secrecy Directions in Patent Law: A Comparative Analysis of India, USA, Europe, Japan, China
INTRODUCTION Overview of Patent Law and its importance Patent law is a branch of intellectual property law that grants inventors exclusive rights to their inventions for a limited period, typically...
Parallel Import and Patent Infringement
Under Indian Patents Act, 1970 Section 107A (b), allows for parallel importation of patented products if they are sourced from a legally authorized seller, without constituting patent infringement....
Patent Landscape Report: Augmented Reality Technology (AR)
A. Introduction Augmented Reality Technology (AR) displays a transformative leap in the way of interaction with the digital and physical platforms. By overlaying the computer-generated images,...
Breach vs Material breach in a contract
A Contract aften has several provisions and terms agreed between the parties, depending upon purpose and the type of the Contract. The parties involved in the Contract must adhere to all the terms...
Patent Landscape Report: Robotic Vacuum Cleaners (RVC)
A. Introduction Robotic vacuum cleaners (RVCs) are devices that autonomously navigate floor plans, utilizing onboard sensors and software to meticulously remove dirt, dust, and debris. The...
Patent of Addition: An Overview and Comparative Analysis of Indian Law with US, EU and Japan
A Patent of addition is a special type of patent allowing the holder to make improvements or modifications to an existing invention without filing a new patent application. It is designed to protect...
Patent Landscape: Cisplatin Nanoparticle Formulation
Introduction Cisplatin is an alkylating agent that reacts with biological components to form covalent bonds, commonly used in chemotherapy. It is a platinum based coordination complex that damages...
Interpretation of Non-Disclosure Agreements at the time of breach
Non-disclosure Agreements hereinafter referred to as NDAs are contracts that parties sign to protect their confidential information. This confidential information usually consists of trade secrets...
KIDVENTORS
Welcome to the world of Kidventors, our genius Kid-Inventors. Have you ever imagined that in a world of experienced engineers, scientists, doctors, and brilliant minds; the next big thing in the...
IP due diligence and Audit in Mergers and Acquisitions
IP assessment, due diligence & valuation play an important role at the time of company acquisition for buyer and seller alike as it would help them gain clarity as to what they are getting in...
Patent Landscape: Electrocardiogram (ECG)
A. Introduction An ECG (electrocardiogram) is a test that records the electrical activity of the heart, including its rate and rhythm. An ECG records the electrical signals in the heart and it is...
Understanding compensation and damages in the cases of breach of contract
Contracts have become increasingly pivotal due to the expansion of business and commercial transactions driven by our economy's robust growth. Correspondingly, the number of contract disputes has...
Claim mapping and role in assessing patent infringement risk
Claim mapping of patent claims is a technical process used to map one or more claims of a patent to a specific feature, function, component or product featured by the patent to determine if any...
NDA in the Digital Age: Should stamp paper and notarization be legal requirements in a digital world?
Non-Disclosure Agreements (NDA’s) are seen as the backbone of innovation. From business strategies to profit building formulas, they protect confidential information that companies use to expand...
Celebrating Mother’s Day: Honouring the Ingenious Contributions of Mother Inventors
Mother's Day is celebrated to express love, appreciation, and gratitude towards Mothers and Mother figures for their unconditional love, support, and sacrifices. It is not only a time to express...
Introduction to parody and legal complexities surrounding the brand value of parody in IP law
Copyright is a form of intellectual property.[1] Copyright law offers multiple advantages that support in protecting the rights of original creators while also allowing room for creative expression...
Story of Natural Ice cream
"You are an original when you stay true to what you know." Following this philosophy for 40 years since 1984, Natural Ice Cream has become a well-known brand for using fruits in creating ice creams....
Central Government’s power to revoke a patent under Section 66
Patents serve as powerful instruments within the realm of intellectual property, providing inventors with exclusive rights to their inventions for a specified duration, typically spanning 20...
Preserving Public Health: Analyzing Novartis AG vs. UOI in relation to fair access to Medicines
Introduction The concept of Intellectual Property Rights (IPR) in these modern times is progressing as people across the globe create more and more intangible assets with the use of their intellect...
Examining Refusal of Patents Based on Public Policy and Morality in Legal Practice
When navigating the world of patents and patentable inventions, we come across essential requirements which an invention shall fulfil to get a patent and Section 3[1] of the Indian Patents Act,...
Odisha’s ‘Kai Chutney’ Receives GI Tag: Exploring the Culinary and Health Benefits of Red Ant Chutney
Recognising Odisha's culinary heritage, the beloved delicacy known as "Kai Chutney" has been bestowed with the prestigious geographical indication (GI) tag under the Geographical Indications of...
Minimising Patent Infringement Risk
In simple words, patent infringement is the violation of patent rights of a patentee in the country or jurisdiction where the patent has been granted. This violation happens when any third party,...
Patent Pruning
Patent pruning is a process of analysing the patent portfolio of a company or an institution to identify, categorize, and optimize the patents. The analysis & pruning of the patent portfolio...
Understanding Diabetic Peripheral Neuropathy
Diabetes is rapidly becoming a major global health crisis in the 21st century. There are currently 537 million persons between the ages of 20 and 79 who are living with diabetes, which is equal to...
Agreements which a Start-up Needs for Legal Protection
Starting a new business venture can be an exciting and challenging journey. As a budding start-up, it is crucial to lay a strong foundation by putting in place the necessary agreements to protect...
Blance – A “Goal Centric” recurring deposit marketplace App by Ashutosh Prakash Singh, Neeraj Gupta and Pankaj Gupta
Founded in January 2023, today our company ‘Blance’ is India’s one & only goal-centric recurring deposit marketplace. A unique solution that combines traditional RDs with the goal-based needs of...
Contract Management
In today's interconnected world, contracts govern business and personal interactions, making contract management vital. From simple agreements to complex corporate deals, contracts underpin...
Competency of Parties to a contract under Indian Contract Act, 1872
For an agreement to be valid, the first requirement is that an agreement must be made by parties who are competent to contract. This is laid down in sections 11 and 12 of the Act[1]. Section 11...
Prosthetics: The IP Landscape
Executive Summary Over 1 billion users currently need assistive technology. This figure is expected to reach 2 billion by 2050 as the population ages and consumer electronics and assistive products...
PINQ
At the breakfast table when 5-year-old daughter of Manveen Kaur talked about wearing all pink color dress for her birthday, it came as an idea how Pink as a color is associated with every woman and...
The PINQ Way of Healthier and Hygienic Way for Women, By Manveen and Gurdeep Kaur
Inspired by the essence of the millennial woman - ‘Happy and Woke', PINQ was born out of a need to redefine personal care for Women-on-the-Go. What began as a quest to ease "Those Days" has evolved...
A bamboo innovation company creating sustainable products, by Shree sisters
In 2016, excited with the prospect of exporting bamboo furniture, we, the Shree sisters incorporated 'Silpakarman'. As we began working with the communities in North-east India and understood the...
Silpakarman
'Silpakarman' is a Sanskrit word which means handcrafted. It is a bamboo innovation company that brings together the traditional goodness of bamboo and modern needs to create sustainable products....
What is Technology Transfer?
Author: Pooja Bhatia, Author and CEO, Inoberry LLC. What is Technology Transfer? Have you ever wondered where our world would be without innovation, knowledge, skills and expertise? Would we have...
Drafting a Patent Specification: Important Considerations
A patent specification is a technical-legal document having a written description of the invention, along with the manner and process of making and using the invention. The patent specification must...
IP Reimbursement Schemes in Karnataka
IP registration is very beneficial for many companies as it gives the owner the exclusive rights over their IP assets through which they can gain profits. In order to boost IP Registration in the...
Important Clauses of a Business Contract
Business contracts serve as legally binding agreements outlining terms for transactions like partnerships, leases, and licensing deals. Within these contracts, clauses specify each party's rights,...
Patent Validation Search: Importance at the time of Patent Licensing
The well-known Android Operating System is a patented product whose patent is held by Google, but smart phone manufacturers such as Motorola, Samsung, HTC, LG,...
The Ultimate 7 Step Guide for IP Due Diligence
In the contemporary business landscape, Intellectual Property (IP) is emerging as one of the most important assets that a company owns. Intellectual Property is increasingly occupying a central role...
Top 10 strategies to Stop IP Leakage in an Organization
In 2019, two senior executives of a Bangalore-based IT company were arrested for allegedly stealing data from their employer’s company and using it for their own company. They accessed the company’s...
Technology Transfer Agreement and it’s important clauses
In today's rapidly evolving technological landscape, the transfer of intellectual property rights, know-how, and technology plays a crucial role in driving innovation and economic growth. Technology...
Unitary Patent System in EU
This article has been authored by Bhavya Sharma, a student BBA, LLB from Jindal Global Law School during her internship at Origiin IP Solutions LLP. In this article, she analyses and lists out...
Non-Disclosure Agreement (NDA) and IP protection
A Non-Disclosure Agreement (NDA) is a formal commitment to refrain from sharing sensitive information with unauthorized individuals. It is crucial in a wide range of corporate transactions,...
Importance of PoSH Policy in a company
In the year 1977, despite the absence of established safeguards for women, the Supreme Court acknowledged their importance in the case of Vishaka & Ors. vs. State of Rajasthan. As a result,...
From a Simple Shell to a Global Brand: Tracing the Evolution of Shell’s Logo
Shell is one of the world's largest multinational oil and gas companies. Officially known as Royal Dutch Shell plc, the company was formed in 1907 through the merger of Royal Dutch Petroleum and...
Evolution of the Mahindra & Mahindra logo
Mahindra & Mahindra Limited, commonly known as M&M, is an Indian multinational conglomerate headquartered in Mumbai, India. It is a part of the Mahindra Group, one of India's largest...
Wright Brothers Patent Infringement Study
The first ever aeroplane was introduced to the world in North Caroline on the 17th of December in the year 1903 by Orville and Wilbur Wright, who are popularly known as the Wright Brothers. It is...
The Most Innovative Rainwater Harvesting Patents
Rainwater harvesting is an age-old technique that has gained renewed significance in recent years due to growing concerns about water scarcity and environmental sustainability. It involves...
Is your invention too simple for a patent?
Applying for a patent is often associated with very complicated and breakthrough inventions. Does it mean that simple inventions are not granted patents? Let’s try to understand first what is an...
Structure of the Indian Patents Act, 1970
Patents in India are governed by The Patents Act, 1970 (“Act”) which came into force on 20th April 1972. The said enactment replaced the previous governing law i.e., The Indian Patent and Design...
Technology Transfer Model: Israel
In an era of technological advancements, innovations are on a verge of representing the qualitative approach of a changing society. On one hand, innovations have the potential of ameliorating the...
Position of software Patents in India
India has become a preferred destination for many multinational companies to establish and outsource their software development activities. Large investments are being made in the IT sector with...
Competitive benchmarking & IP Portfolio analysis
Knowing the pulse of the competitor is extremely important for any business. In general, competitive benchmarking is performed to compare and measure the philosophies of an organization and...
Disclosure of the invention & Patent Filing
Documentation of the invention before you approach a patent agent to draft the patent specification may be extremely helpful for you to explain the invention details to the patent agent. What all...
Patent Alerts: A powerful way to track your competition
The world of patents and their relevance is increasing all the time, with newer and more advanced technologies being patented every single day. Research and innovation driven companies must keep...
Select the right Patent Law Firm
A patent is a statutory right granted by the Government for a product or process which satisfies certain criteria of patentability. The term of a patent is often 20 years from the date of filing and...
Patent of Addition: A way to protect improvements
After the patent for an invention has been filed or granted, sometimes inventor feels that he has another invention to be patented, which is modification of the first invention (in this Act the...
Top 5 reasons for a business to file for a patent
Patent is a valuable intangible asset, more important today, as India initiates “Vocal for Local movement” because of which importance of patents is much more than before. Before we proceed further,...
Patent Filing Process: India and PCT
A patent is statutory grant by Government for the inventions (a Product or a process) that are novel, industrially useful and non-obvious to a person skilled in the art. It gives its owner the...
Software Patents: Myth and Reality
Dispelling Misconceptions About Software Patents I am a patent attorney based in the U.S. who specializes in obtaining, maintaining, and enforcing patents on computer technologies—including...
Selecting the right trademark for your business
Trademarks play a very important role in any business as they represent and become as the identity of a business. Trademarks are a form of Intellectual Property (IP), which is empowered by The Trade...
Using Patents for Research & Development of new products
Patents contain a wealth of knowledge as disclosing the best mode of working the invention is one of the important requirements to get a patent. The word ‘Patent’ originates from the Latin word,...
Video games and IPR
Video games are amongst the most widely enjoyed forms of entertainment today. While video games are predominantly played by people in their adolescence, these games are making their way into a...
The Third Eye
What is ageing? How does the sequence of life appear in a person over time? Is there any external influence that controls our biological clock? If so, how does our biological clock determine...
Post Dating (Patent): Advantages & Disadvantages
The term Post-Dating with respect to Patent law means shifting date of filing patent application to the later date. There are specific reasons for which the applicant desires to post-date the patent...
Plaintiff & Defendant
A plaintiff, also known as a claimant or complainant, is the term used for the party who initiates a lawsuit before a court. Plaintiff seeks a legal remedy, and if successful, the court will issue...
Bolar exceptions
Bolar exception is one of the exceptional acts where the use of patented invention without consent of the patentee doesn’t constitute infringement. U/S 107A [Certain acts not to be considered as...
6 critical steps to Freedom to Operate (FTO) search or clearance search
FTO search, also known as a “clearance search” or “right to use” search, is a kind of search commonly performed to assess patent infringement risk upon new product launch. FTO analysis can...
Foreign filing of patent & Resident of India
The term “Resident of India” has not been defined in the Indian Patents Act. However, The Income Tax Act, 1961 defines the term “Resident of India”. Under the Income Tax act, an individual can be...
Patent Assignor & Assignee
The term “Assignee” refers to a person to whom some right, interest, or title to property is transferred. In Patent law, the term Assignment refers to transfer of patent rights and such transfer of...
Technology Transfer: Steps, Advantages, Precautions
Technology Transfer (TT), also called Transfer of Technology (TOT) refers to handing over or transferring a technology, knowhow, methodologies, processes, confidential information, trade...
6 Types of Patent Searches
Patent search is a process of identifying relevant patents and depending upon the purpose of patent search, the parameters like timeline, jurisdiction, subject matter can be defined while performing...
When to do a Patent Search?
The word “patent search” or “prior-art search” in patent law means any information that exists in the form of publication or patent or prior use, before the date of the filing a patent application....
Patentability search or novelty search
A patent is a form of Intellectual Property Rights (IPR) and is a statutory grant by the Government that gives its owner the legal right to exclude others from making, using, selling, offering for...
Lapsed Patent & its restoration
To keep patent in force after it has been granted, the renewal fee has to be paid periodically (annually). Failure to pay the renewal fee may lead to lapse of a patent which means that patent ceases...
Buying Patents: Important Considerations
Buying patent (s) is a very effective way for the companies to increase size of their patent portfolio and get access to the new and latest innovations without spending much time and money on...
Jurisdiction & Types
The word Jurisdiction is a combination of two Latin words, juris 'law' + dictio 'declaration'. Jurisdiction, in simple words, is the geographic area over which authority extends for the authority to...
Parallel Import & Patent infringement
Parallel Import is an important topic related to Exhaustion of Rights principle whereby the right holders’ IP rights in respect of a product are considered exhausted (i.e. he no longer can exercise...
True & First Inventor (India)
Inventor has been given a special emphasis and privileges in patent law. This makes it important for the right person to be called as inventor to file patent application. That’s why the term True...
Joint ownership of a Patent: Benefits and risks
Indian patent law allows more than one person to come together and apply jointly for a patent. Upon grant of such patent, these applicants become joint/co-owners of the granted patent. Co-ownership...
Priority Document & DAS Code: Difference
Priority Document is a certified copy of the earlier-filed patent application, issued by the Indian Patent Office (IPO) and it has seal of Indian Patent office. When an international patent...
PCT Patent Application: 5 Myths and Facts
Patent Cooperation Treaty or PCT is an important treaty, concluded in 1970. The uniqueness of PCT stems from the fact that it provides a unified procedure for filing patent applications in...
Burden of Proof: Patent infringement
Burden of Proof in simple words means ‘adequate evidence to prove oneself’. In criminal cases, as every person is presumed to be innocent until the contrary is proved, the burden of proof rests on...
International Patent Filing – Reasons and Strategies
For various reasons, every inventor wants to file for a patent internationally after filing it in his/her home country. Sometimes it’s about the status that is associated with having a patent filed...
Developing an effective IP strategy
Intellectual Property (IP) is a valuable asset for any research and innovation-driven company today. The creation of IP requires investment in terms of money, time and intellect and therefore, it is...
Secrecy Directions & national security
Generally, a patent application is published in official website of the patent office after expiry of 18 months from date of filing or date of priority, whichever is earlier. In case of the...
Israel Model of Fostering Innovation
Changing market dynamics and pressure to compete globally have encouraged the growth of ‘creative destruction[1]’trends, leading to worthy innovation. To run parallel to the novel needs and demands...
Can an idea be Patented?
There have been a lot of discussions and difference of opinions on whether an idea can be patented or not. Well, this indeed is a tricky question with an uncertain answer. Filing for a patent...
Unity of invention & Divisional Patent Application
When a patent application is filed, it is necessary that one patent application is filed for one invention. If more than one inventions are claimed in a single patent application, such inventions...
NDA (Non-Disclosure Agreement)
A Non-Disclosure Agreement (NDA) or Confidentiality Agreement is a legally binding contract that establishes a legal relationship between the two parties where one party...
Indian Patent Agent: Eligibility, Selection, Rights
A Patent agent as defined under Section 2(n) of the India Patent Act, 1970 is a person who has passed Indian Patent Agent Examination and is registered under section 126 of the Indian Patent Act as...
5 steps to Evidence of Use search (EOU) Search
Evidence of Use search (EOU) Search is performed to help patent owners identify potentially infringing products in the marketplace. The purpose of EOU search is to identify products or processes in...
Geographical Indication Registration
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to its origin. In order to function as a GI, a...
Origiin IP Solutions is listed as one of the Top 3 Patent lawyers in Bengaluru by ThreeBestRated.
View Full Listing Here: https://threebestrated.in/patent-lawyers-in-bengaluru-ka
Indian Patent Agent Exam: 25 Things to know before preparing
Indian Patent Agent Examination A patent is one of the most complex legal documents that is techno-legal in nature. Drafting and prosecution of patent needs technical skills as well as thorough...
Anticipation & Novelty of the invention
Novelty is one of the prime requirements of patentability. An invention is considered to be not patentable, if the claimed subject matter was disclosed before the date of filing or before the date...
Working of Patents (India)
The objective of the Patent system is not only to grant a monopoly right to the patentees but also to ensure that the granted patents are commercialized or worked in India without undue delay. The...
Unity of Invention: Indian Patent law perspective
As per the Indian Patent Law, one patent application shall relate to a single invention. However, if more than one invention is to be claimed in a single application, it is necessary to...
Importance of IP Policy for Software/IT Industry
Intellectual property (IP) is a term referring to creation of human mind in the form of a number of distinct types of expressions for which a set of rights are recognized under the corresponding...
How to prepare for Indian Patent Agent Examination
Being an Indian Patent Agent is an important credential to possess, particularly for candidates who aspire to build a career in patent prosecution and enforcement in India. The candidates are...
Person interested in Indian Patent Law
Person interested under Section 2 [Definitions and interpretation] of Indian Patents Act 1970 is a person (legal or natural), who has some concern or interest in the patent/application for the...
US or India: Where to file for a patent first
United States Patent and Trademark Office (USPTO) is considered to be one of the most lucrative destinations for the applicants to file for a patent for various reasons. Business opportunities in US...
Celgene Revlimid Patent Infringement
Celgene corporation is a subsidiary of Bristol Myers (BMS), an American multinational pharmaceutical company, headquartered in New York City. BMS is one of the world's largest pharmaceutical...
The Data Protection Bill in India: Cause for concern over the Digital Privacy
The Digital Personal Data Protection Act, 2023 (also known as DPDP Act or DPDPA-2023) is an act of the Parliament of India to provide for the processing of digital personal data in a manner that...
Expedited Examination of Patent Applications for start-ups
The Patent Act, 1970 comprehends several proceedings from filing of the application till the grant of the patent. Examination of the patent application is one such process. In general, once the...
Parle Gluco to Parle-G: A One-of-a-Kind Success Story
Parle Products introduced Parle-G way back in 1938. The biscuits themselves have had a long journey attaining global recognition, with the brand undergoing reimaging in 1982. One may wonder why an...
Career in IPR for advocates
Intellectual property (IP) refers to creations of the mind, such as inventions, designs, name of products and services, literary and artistic pieces of work, etc. To protect these creations of the...
Contract Law: A Comprehensive Study on Reciprocal Promises
Section 2(f) of The Indian Contract Act, 1872 says that “Promises which form the consideration or part of the consideration for each other, are called Reciprocal Promises”.[1] In essence, this...
Cross border trading and IPR
Cross border trade refers to trading of goods and services between two commercial entities or consumers and commercial entities across state borders. This gives consumers a huge range of commodities...
Sale of Intellectual Property Rights & Income Tax
Intellectual property rights (IPR) are elemental in modern-day business strategy. Technology transfer transactions provide income to several companies operating in countries all across the globe....
International Patent Filing – Reasons & Strategies
For various reasons, every inventor wants to file for a patent internationally after filing it in his/her home country. Sometimes it’s about the status that is associated with having a patent filed...
Convention Patent Application
The term “Convention application” refers to any patent application which is filed in the convention countries. According to Section 133 [Convention countries] of Indian Patents Act 1970, convention...
Patentability search or novelty search in 7 steps
A patent is a form of Intellectual Property Rights (IPR) and is a statutory grant by the Government that gives its owner the legal right to exclude others from making, using, selling, offering for...
Ante-Dating & Divisional Patent Application
The term Anti dating refers to assign a date to an event that is earlier than its previously assigned date. This term is mostly used in Indian Patent law with respect to the divisional...
Patent Licensing in Pharmaceuticals Industry: a microscopic view of the customary regime
Competition takes numerous forms in commerce, but in the pharmaceutical industry there is one market segment of specific characteristics and interests. This market incorporates community pharmacies...
Choosing between Copyright & Patent
The provision of Section 3(k) of Indian Patent Law, that says computer software per se is not patentable till it has technical applications, puts most of the inventors down. Knowing the fact that...
Bolar exceptions & Parallel Import
A patent gives exclusive rights to the patentee to prevent other from making, using, selling, offering for sale and importing the patented product into the country where the patent is granted. Any...
Patentable subject matter under Indian Patent law and impact on TRIPS
Law regarding patents in India is governed by The Patents Act, 1970. A patent is a monopoly right given for a limited period of time to a person who have invented a novel product or process through...
Glenmark Pharmaceuticals V. Symed Labs Ltd., {FAO (OS) 60/2015 & CM No. 2058/2015}
This landmark judgement is the first “process patent” case in India that actually demonstrates the difficulties and uncertainties that arise in establishing that products are identical. It...
Personality Rights and IP Law
Recently, an app’s advertisement read “Speak English as fluently as Shashi Tharoor,” regarding which, the Kerala MP was forced to clarify that he is not endorsing the app and that legal action would...
Glaxo Group Ltd. and Ors. Vs. S.D. Garg and Ors. {CS (OS) 12/2006; Delhi High Court}
In this case, Glaxo Group Ltd. and Ors. (Hereinafter referred to as Glaxo) instituted a suit seeking permanent injunction against S.D. Garg (hereinafter referred to as Garg) to restraint them from...
IP waiver & Covid 19 vaccine manufacturing
A patent is a powerful intellectual property right that grants an inventor an exclusive monopoly for a certain period of time given by the government. It establishes a legally enforceable right to...
Watch Patents of the competitors
Innovation is the key to sustainable growth for any business today and patents play a vital role by securing innovations and obtaining competitive edge in the market. Patent filing is increasing...
Cipla Ltd. V. Novartis AG & Anr, 2017 (70) PTC 80 (Del)
In this landmark judgement the Division Bench of the Delhi High Court upheld the order of a single judge restricting Indian pharmaceutical company Cipla Ltd (hereinafter referred as Cipla) from...
Technology Transfer: Meaning, Types and Steps
Innovation and growth have always been synonymous to each other, ultimately leading to development. Business ecosystems are largely dependent on these innovations and diffusion of technology plays a...
Mylan Laboratories v. Union of India, {2019 (80) PTC 374 (Del)}
Delhi High Court in its recent judgement opined that the “doctrine of necessity” can be invoked to hear urgent matters under IP laws. This case deals with the writ petition filed by Mylan...
Bristol-Myers Squibb Holdings & Ors. V. Natco Pharma, (2020) 266 DLT 724
In the present case, Delhi High Court passed an order holding that the discretionary reliefs provided under Section 34 and Section 38 of the Specific Relief Act 1963 are not applicable in patent...
Technology Licensing: Pros and Cons
Technology Licensing is a contractual arrangement in which the licensor’s Intellectual Property (IP) such as, patents, trademarks, service marks, copyrights, trade secrets, or other intellectual...
Significance of arbitration clause in contracts: The Indian perspective
Disputes are an intrinsic component of the legal system, arising from variances in understanding, implementation, violation of obligations, infringement of rights, or unexpected events. In the...
Copyrightability of Unique Sports Celebrations
From Elbert Woods’ ‘Ickey Shuffle’ to Stephen Curry’s signature point to the sky in praise after scoring a three-point basket to the iconic ‘Sii!’ move adopted by Ronaldo, sports fans around the...
Patent Licensing vs Assignment
A patent is a statutory grant provided by the Government for novel, inventive and industrially useful inventions, including both products and processes. Getting a patent for an invention is an...
Sun Pharma Laboratories Limited v. BDR Pharmaceuticals International Pvt. Ltd. and Ors. {2020(83) PTC 101(Del)}
In this case, Sun Pharma Laboratories (hereinafter referred to as ‘Sun Pharma’), one of the leading Indian pharmaceutical company, came before court for the relief of permanent injunction to...
Wyeth Holdings Corporation and Ors. Vs. Burnet Pharmaceuticals (Pvt.) Ltd. {AIR 2008 Bom 100}
In this case, Wyeth Holdings Corporation and Ors. (Hereinafter referred to as Wyeth), who is the registered proprietor of the mark “FOLVITE”, filed an opposition for registration of the mark, “FOLV”...
Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited {2001 (2) PTC 541 SC}
In this case, the two companies i.e., Cadila Healthcare and Cadila Pharmaceuticals had taken over the business of Cadila Group and one of the conditions of such takeover of Cadila Group was that,...
Novartis AG v. Union of India & others, AIR 2013 SC 1311, [2013]
This is a landmark case in the history of Indian patent system. On April 2013, the Supreme Court of India confirmed the rejection by the Indian Patent Office of a patent application (Patent number:...
F.Hoffman-La Roche Limited and Another’s v. Cipla Limited {RFA (OS) 92/2012 AND RFA (OS) 103/2012}
The landmark case took place between F.Hoffman-La Roche Ltd. (hereinafter referred as Roche), a Swiss Multinational Health Care Company & Pfizer, a US based Company on one hand and Cipla Ltd....
Astra-IDL Limited vs. TTK Pharma Limited {AIR 1992 Bom 35}
In this case, Astra- IDL Limited (hereinafter referred to as ‘Astra’) filed the suit for permanent injunction against TTK Pharma Limited (hereinafter referred to as ‘TTK), to restrain TTK from...
Glenmark Pharmaceuticals Ltd. Vs. Curetech Skincare and Galpha Laboratories Ltd. {2018(76) PTC114(Bom)}
In this case of trademark infringement, an exemplary amount of Rs. 1.5 crore was awarded by the Hon’ble Bombay High Court in favour of Glenmark Pharmaceuticals Ltd. (hereinafter referred to as...
Apex Laboratories Ltd. Vs. Zuventus Healthcare Ltd. {(2007)1MLJ657}
Apex laboratories, herein is the manufacturer of pharmaceutical products and on 16th March 1988 it adopted the trademark “ZINCOVIT” for their product, subsequently, it obtained the registration and...
The Essential Aspects of Software Development Contract
A Software Development Contract is a contract between a corporation and a software developer in which the firm expresses its concepts and requirements. The developer then proceeds to design the...
Career Prospects for a Patent Agent
The role of a patent agent has been a source of curiosity since enactment of the Patents Act 1970 (the Act). The provisions relating the patent agents have been comprehensively amended in 2002...
Patent Assignment: Important Considerations
A patent assignment is an act by the patent owner in which the patent owner permanently transfers the patent's exclusive rights. This transfer of rights is documented in the official patent record....
Patent filing in Australia: Types & Purpose
It is known to us that the types of patents filed at the Indian Patent Office are of two types, i.e. Provisional patent applications and complete patent applications. Briefly, a provisional...
An Examination of Intellectual Property Rights and Global Health in the Context of the WTO and the COVID-19 Patent Waiver Debate
The COVID-19 pandemic has reignited the long-running debate over how to successfully balance corporate profits with public health. A large number of scholars and activists contend that World Trade...
Leading ventilator manufacturers in India
India is a country with an approximate population of 1.37 billion as of 2019 making it the second most populated country in the world. The progress on health care systems in India varies from state...
Covid-19 – A clarion call for a robust public-private disaster management program
Bill Gates had predicted in 2015 that the global catastrophe killing millions of people would most likely be a highly infectious virus, not nuclear missiles as everyone thought. If you have missed...
Patentability of microorganisms, Diamond v Chakrabarty case
Microorganisms are defined as minute organisms that are invisible to the naked eye. A wide range of organisms come under the umbrella of microorganisms, such as bacteria, fungi, virus etc. While...
An urgent call for CPR to resuscitate dentistry in the country
As a practicing dentist for 23 years now, I have seen my fair share of success during what has been a promising time for dentistry in the last decade. The overall market size of the Indian dental...
From the Swadeshi Movement to a Global Pandemic: How a Homegrown Brand became an International Success
Parle-G is a leading biscuit brand under Parle Products for biscuits and confectionary items. With a worldwide presence, Parle has carved out a place for itself in the biscuit business with...
Celegene Revlimid Patent & generic drug industry
Recently in June 2021, Sun Pharmaceutical Industries Ltd, Indian multinational pharmaceutical company headquartered in Mumbai, Maharashtra, settled a patent litigation with Celgene Corp, a...
Filing for a patent: Important considerations
After working hard on the new idea, investing money, resources, it’s time to fulfil the dreams, set-up new business, bring new product in the market. IP protection is an important step to secure...
Patent Foreign Filing Licensing in India
In order to file a patent application outside India, for Indian residents, it is required to seek permission from Indian Patent Office and this permission is called as Foreign Filing Permission or...
In Vitro Diagnostics (IVD) and Regulatory Approvals
In Vitro Diagnostics (IVDs) are devices as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act. According to section 351 of Public Health Services act, IVDs are biological...
Licensing Inventions to earn royalties
An over- simplification of licensing is monetizing the intellectual property of your invention by allowing third parties such as companies to license the intellectual property for various purposes...
Safeguarding IP and NDA
A major chunk of a progressive company’s assets today is in the form of Intellectual property (IP) such as trademarks, patents, copyrights, trade secrets, designs and so on. Sharing of confidential...
Medley Laboratories (P) Ltd., Mumbai and Ors Vs. Alkem Laboratories Limited {2002(3) ALLMR18}
In this case, Medley Laboratories (P) Ltd. (hereinafter referred to as Medley) filed a suit of trademark infringement against Alkem Laboratories for usage of mark “SUPAXIN” which is deceptively...
Talwar Bindi: From Beauty to Health
India is one of the countries where Iodine deficiency is a major cause of concern. According to a survey conducted by the Indian Journal of Medical Research it was found that 263 districts out of...
Bayer Corporation v. Union of India, 2014 (60) PTC 277 (Bom)
Bayer Corporation, a US based corporation had a patented drug in India under the brand name Nexavar. This landmark judgement became the first case where a compulsory license was issued after India...
Copyright registration in India
Copyright is a type of Intellectual Property (IP) that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. In India, Copyright Act, 1957 and Copyright...
Power of the State-of-the-Art
In this technologically progressive era, huge amount of knowledge gets generated and added in the prior art every day. Where on one hand keeping pace with technical progress in present times is a...
Patent Infringement Risk Mitigation
In simple words, patent infringement is the violation of patent rights of a patentee in the country or jurisdiction where the patent has been granted. This violation happens when any third party,...
Patent/Technology Landscape
Patents are recognized as a valuable source of technology and competitive information due to the disclosure of technical and scientific information in it. Study and analysis of patent literature...
Neon Laboratories Ltd. vs. Medical Technologies Ltd. and Ors. {2015(64) PTC 225 (SC)}
In this case, Medical Technologies (hereinafter referred to as MT) filed a suit for passing off against Neon Laboratories (hereinafter referred to as NL), for the use of the Trade Mark “ROFOL”,...
Anatomy of a Patent Claim
The most significant aspect of a patent specification is unquestionably the patent claim. A patent claim concisely defines what the invention claims and what is to be protected. In other words,...
Process of Registration of a Limited Liability Partnership Company
A limited liability partnership (LLP) is a partnership company in which the partners have limited liabilities, and each partner is not responsible or liable for another partner's misconduct or...
Particle Board Made of Rice Husks: A Success Story
Forest resources alone will not be able to meet the growing demand for wood and wood-based panel materials. Rice Husk Particle Board, made from readily available rice husk, can effectively replace...
Drug patents, Compulsory License and access to public health
A patent is one of the most important forms of Intellectual Property Rights (IPR) and can be defined as a set of exclusive rights granted by the Government or a sovereign state to an inventor or...
Amritdhara Pharmacy Vs. Satya Deo Gupta (AIR 1963 SC 449)
Amritdhara Pharmacy Vs. Satya Deo Gupta (AIR 1963 SC 449) Satya Deo Gupta (hereinafter referred to as Respondents), in this case, had filed application for registration of the mark “Lakshmandhara”...
Is Registration of Intellectual Property License Agreements mandatory?
There is a myriad of factors to consider when it comes to licensing. For instance, the licensor should first recognize that simply creating IP does not result in revenue. Before it can be monetized,...
Gender Neutrality & Prevention of Sexual Harassment (POSH) Act, 2013
Sexual harassment at the workplace affects women in India due to the structural patriarchy that still dominates our society. Different countries are dealing with the problem by either reacting or...
Merck Sharp & Dohme Corporation v. Glenmark Pharmaceuticals Ltd., {(2015) 63 PTC 257}
Merck Sharp & Dohme (hereinafter referred as MSD), an American pharmaceutical company and subsidiary of the German company Merck. MSD filed a suit against Glenmark Pharmaceutical Ltd....
Patent Landscape or State of the art Search
A patent landscape is an analysis of patent data for a particular technology, product company (ies) in specific countries within a given time frame that reveals valuable business, competitor,...
Patent Valuation Techniques
Patent valuation can be defined as a method to determine the real market value of patents. It is important as it plays a crucial role during many transactions such as negotiating deals, procuring...
What are Patent databases?
Patents are statutory negative rights granted for a limited period of time for 20 years. The patent right conferred is the right to exclude others from making, using, selling or offering for sale...
Patent Opposition: Before and after the patent grant
A patent is a type of intellectual property right (IPR) that gives its owner, the legal right to exclude others from making, using, or selling, offering for sale or importing the patented invention...
Paper Boat: Nurturing Childhood Memories
It is a great honour for Origiin to bring out the story of Paper Boat as a company “Ahead of the Curve”. Reviving traditional Indian beverages and foods produced and marketed by Hector Beverages,...
The Role of Patents in Technology Transfer
Technology transfer in simple words means a process wherein owner of the technology transfers its skills, knowledge, and know-how to another party. In return owner of the technology often gets...
Exclusive Interview with Dr. M. S. Swaminathan, the Father of Green Revolution
This section is an initiative by Origiin to introduce latest innovations and valuable expert opinions on protection, exploitation of Intellectual property by Intellectual Property experts to provide...
Leading Covid-19 Vaccine Manufacturers & their Patents
The word corona represents crown. The term coronavirus was coined in 1968 for the virus which resembled a solar corona, the bright crown-like ring of gasses surrounding the sun that is visible...
Voting Ink: A valuable Trade-secret
Mysore Paints and Varnish Limited (MVPL) was founded in 1937 as Mysore Lac & Paints Limited, by Nalvadi Krishnaraja Wodeyar, the Maharaja of Mysore, for manufacturing paints and related...
Drug Exclusivity and Patents
The concept of Drug Exclusivity can be perceived as a period or duration of time when a drug of a particular brand is protected from other generic drugs competition in the market. The...
Exclusive Interview with Dr. P. L. Gautam: former chaiperson of National Biodiversity Authority
Dr. Gautam has got many prestigious awards and fellowships. Presently, he is the Vice President of National Academy of Agricultural Sciences and Member of Executive Board of Global Crop Diversity...
Accidental Innovations
CORN FLAKES In 1877, Dr. Kellogg created a mixture of flour, oats, and cornmeal, which he baked twice and broke into small pieces to serve after a patient broke her tooth on a biscuit version of the...
Landmark Trademark Cases
Businesses usually register their trademarks in order to protect their brands and to prevent third parties from taking advantage of the goodwill and reputation they have built in the economy. They...
Rooh Afza vs Dil Afza: Case Analysis
Hamdard National Foundation (India) & Anr. vs. Sadar Laboratories Pvt. Ltd., [ROOH AFZA vs. DIL AFZA] is a rather notable and recent example of the protection sought for the specific term used...
Essentials of an Intellectual Property Contract
Contracts are used to regulate and legitimize essentially all business transactions. They are, of course, appropriate instruments in contexts other than standard buy-sell and employment agreements....
Story of Rava Idli of MTR
In the year 1920, three brothers named Parameshwara Maiya, Ganappayya Maiya, and Yagnanarayana Maiya, from a small village called Parampalli in Udupi District, left home to escape poverty and came...
Implications of Patent Listing in Purple book
Purple Book, brought out on September 9, 2014, by the FDA consolidates list of licensed biological products including biosimilar and their interchangeable biological products. This compendium guides...
PayTM Y PayPal dispute over a logo: A trademark battle
Paytm is an Indian e-commerce platform primarily dealing with digital payments. In 2016, PayPal, an US-based international digital payment company accused Paytm of trademark infringement. PayPal...
Early publication of patent application: Pros and Cons
One of the prime stages in the process of getting a patent is publication of the patent application in official journal of the patent office. Publication of the application, in India, happens after...
Essentials of an Employment Agreement
An employer-employee relationship is established, and the terms and conditions of employment are laid out in a legally binding contract known as an employment agreement. Although the Shops &...
NDRI Low-cholesterol ghee: A successful patent licensing case study
The National Dairy Research Institute (NDRI), a deemed university and a flagship institute of the Indian Council of Agricultural Research (IARI), has created low-cholesterol ghee that has been...
Indemnity Clause: Purpose, Commercial relevance
The phrase "Indemnity" may be described as a form of financial security or protection. In an indemnity claim, one party ("Indemnifier") agrees to protect another party ("Indemnity Holder") from any...
Trademark Registration in India
Trademark as a term, refers to name of the product, services or business and comprises name, logo and tagline. Trademark is a valuable business asset and shall be registered in the countries where...
Patent Assignment
A patent assignment is an act by the patent owner in which the patent owner permanently transfers the patent's exclusive rights to third party (Assignee). This transfer of rights is documented in...
Income Tax and Sale of Intellectual Property Rights
Income from technology transfer could be a great source of income to the innovators and may add fuel to economy of a country. Thus, to promote more of such ventures, willing countries pledge to...
Top 10 Products Developed to Combat the COVID-19 Pandemic
The start-up ecosystem in India has emerged as a significant force in recent years, owing largely to the efforts of stakeholders and government policies to encourage the establishment of start-ups....
Patent Invalidation or Validation Search: 6 critical steps
The process of obtaining the grant of a patent begins with drafting of the patent specification and filing in appropriate branch of patent office. After filing, application is published and take up...
Safeguarding IP in a Contract
Contracts are used to regulate and legitimize essentially all business transactions. They are, of course, appropriate instruments in contexts other than standard buy-sell and employment agreements....
IP Licensing and Royalty
An over- simplification of licensing is monetizing the intellectual property of your invention by allowing third parties such as companies to in-license the intellectual property for various...
Copyright and Fair Use Doctrine
Copyright is a legal term used with respect to the rights that an author has over his work like literary, dramatic, or artistic work, etc. In India, the law related to copyright is governed under...
Patentability of Bioisimilars
Biosimilars can be perceived as a category of biological product that have been sanctioned and approved by due regulatory authorities in consonance with the fact that these products are highly alike...
Important Agreements for Companies
The companies act defines a “company” under section 2(20) of the companies act of 2013 as an association of persons registered under the Companies Act 1956 in a partial manner) act 1956 or Companies...
