Organisation: Indian Patent Office

The division bench’s opinion in Syngenta clarifies the language of Section 16(1) of the Patents Act and offers much-needed clarity when it comes to examining and prosecuting divisional applications at the Indian Patent Office.

08 November 2023

The Indian Patent Office’s refusal of a software patent application has been overturned on appeal by the Delhi High Court as the office relied on an outdated set of guidelines for computer-related inventions in its reasoning.

18 October 2023

The Delhi High Court has stated that if an opponent misses the opportunity to file evidence in the form of an affidavit along with its opposition notice, it cannot file evidence when filing a rejoinder. The judgment underlines the intricacies related to post-grant opposition requirements and emphasises how critical it is to obey these to the letter.

04 October 2023

Featured in The Patent Litigation Review 2024

In 2022 the spotlight for global patent jurisprudence was fixed firmly on India. Legislative overhauls, landmark decisions in the SEP and life sciences spaces and the first decision on antitrust and patent law all signal a clear aim to refine patent jurisprudence and modernise India’s IP regime.

25 August 2023

In granting a patent for high-tenacity cellulosic regenerated fibre, the Indian Patent Office maintained that the plaintiff failed to provide sufficient evidence of prior publication and that the invention involved an inventive step. This well-reasoned judgment highlights a trend of improvements in India’s patent jurisprudence.

19 July 2023

Efforts to promote IP also see patent applications jump by around 40% and trademarks surge 64%

04 April 2023

The Delhi High Court has had to raise natural justice principles with the Patent Office in multiple 2022 cases, a crucial reminder that parties must be provided with fair opportunities and rulings backed with reasonable explanations.

15 March 2023

Last year saw many decisions that could well have a lasting impact on the Indian prosecution landscape. The Delhi High Court continued to display its strength as it went head-to-head with the Indian Patent Office in several landmark rulings.

01 March 2023

The abolishment of the IPAB in 2021 sparked doubts about whether India’s high courts could handle the heavy case load. However, the Delhi High Court continues to prove its ability to stand strong as it rules on claim amendments and divisional applications.

22 February 2023

A 15% boost could help bolster staffing and shorten timelines but smarter use of funds is essential

20 February 2023