Intellectual Property Appellate Board (IPAB) in its order, OA/12/2020/PT/CHN dated February 1st, 2021, held that “What is not claimed is disclaimed” and directed the Controller of  Patents & Designs, Guindy to grant the patent application no. 4931/CHENP/2012 on the amended set of claims within 3 weeks from the date of filing the amended set of claims against the Controller’s...Read More

The patent claim should always be directed towards the actual advances being made in the invention for which the patent is sought for. The drafting of the patent must be done in a way, which points out the subject matter. 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, a second paragraph requires that a patent application specification shall co...Read More

Patent Claims are the most important part of the patent specification. Why it becomes an important part is because it defines the invention. In other words, the patent claims define what the invention claims, thereby creating a boundary. Defining the boundary of the invention, the patent claims purportedly suggest the extent of the protection being conferred by the gra...Read More

The decision of the Controller of Patent to revoke Novartis’ patent on the anti-cancer drug Ceritinib, was quashed by the Intellectual Property Appellate Board (IPAB). This decision examines several issues concerning the novelty and obviousness, the extent of coverage and disclosure, and timelines for filing the evidence. The IPAB while quashing the decision held that despite not being disclosed, the compound was contained in the bro...Read More

The patent has a lot of value in it. It grants the inventor a monopoly which helps the inventor to commercially exploit the invention and earn the substantial investment being done by the inventor over the invention. The market demands more creative ideas that can make life much easier. The business must develop such an idea or concept that solves a technical problem in an unexpectedly new or better way. If it is making it, then it is highly imperativ...Read More

INTRODUCTION The Patent Trial and Appeal Board (PTAB), hereinafter referred to as “the Board”, of the United States Patent and Trademark Office (USPTO) issued a 'sua sponte' order dated February 24, 2021, that the patent owner’s proposed substitute claims in an on-going post-grant review (PGR) of  ...Read More

The patent provides a monopoly over an invention to the inventor. The filing of patents and its grant is a long tedious process that takes up to 2-3 years. Due to its nature of the invention and the cost that is involved with R&D, it is highly imperative to decide where to seek the patent rights and the expenses involved. An effective strategy of filing for patent protection will be to seek protection in the country of interest, where the pr...Read More

The Guidelines for Examination 2021, published by European Patent Office (EPO) came into force on March 1. Through these guidelines, a detailed explanation of the substantive and formal requirements is maintained. Few changes help keep up an effective stable text of the guidelines. Let us discuss some of the important changes that are done for Computer-implemented Inventions and Procedural matter....Read More

Legal firms are all more than mere companies. Firms and the attorneys who work for them are practicing a career containing responsibilities that extend past just economic aspects.This reality could distort the importance of attorneys to focus on financials, business models, value creation strategies, IT transactions, terms of the lease, as well as capital requirements. Moreover, su...Read More

In the process of research and development, improvements and/or modifications of an invention are routine steps to make the invention more useful or to overcome difficulties of the main invention.   A new independent patent application for the improvements and/or modifications of the main invention may not be possible due to the already filed patent application for the main invention. In such a scenario, the improvements and/...Read More

The Department for Promotion of Industry and Internal Trade (DPIIT) under The Ministry of Commerce and Industry (MCI) has notified the Draft Patents (Amendment) Rules, 2021 dated February 9th, 2021 to further amend the Patents Rules, 2003 in the exercise of the powers conferred by section 159 of the Patents Act, 1970. The notification is made available to the public for any objections or rejections. These draft r...Read More

Trademark infringement has become very common with the advent of increasing business of diverse nature. The nature of a trademark is very important to understand and to assume how strong the case can be. In trademark registration, It is often suggested that the mark must not be generic and should be capable of distinguishing the goods from other goods or services. The generic and the descriptive mark are generally not strong and hence there is a lot o...Read More

Copyright protects the literary, dramatic, musical, and artistic work, cinematographic work, and sound recordings. This form of intellectual property gives an absolute right to the creator and the author for their work and any infringement can be claimed. Literary works also include computer programs, tables, and compilations including computer databases which may be expressed in %...Read More

In an increasingly knowledge‐driven economy, the individual or the business will invariably need creative or inventive ideas or concepts to improve an existing feature, add a useful new feature to your product or develop a new product. The market demands more creative ideas that can make life much easier. The business must develop such an idea or concept that solves a technical problem in an unexpectedly new...Read More

Getting a Patent is a long process and involves various steps. The disclosure has to be made to the public in all forms. The whole process from the filing of the patent till the grant of the patent requires more or less around 3-4 years and all steps are bound by respective deadlines, failing of which can result in loss of patent application....Read More