Introduction to Section 8 of the Indian Patents Act: Section 8 of the Indian Patents Act deals with the “Statement and Undertaking” regarding the submission of details of foreign applications by an applicant at the Indian Patent Office. Section 8 quoted below: Information and undertaking regarding foreign applications: (1) Where an applicant for a patent […]
By Garima Rai, Sr. AssociateMarch 2016 Introduction The amendments of patents are a quintessential feature of patent prosecution. The amendments may be filed voluntarily by an applicant or may be an outcome of objection raised by the Examiner. In the Indian Patents Act, amendment to Patents/Patent applications is governed by Sections 57 to 59[1] of […]
By Ram Naresh Patyal, Sr. Associate & Kshitij Malhotra, Partner The Indian patent office has published Patent (Amendment) rules on 16th May, 2016 and made these rules effective thereto. Further, a clarification notice has also been published on 18th May, 2016. We are providing hereinbelow some of the key provisions in the amendment for your […]
By Rachna Budhiraja, Associate & Garima Rai, Sr. Associate The Controller General Patents, Designs and Trademarks issued a public notice dated 28 July, 2016 regarding the process relating to generation & issuance of registration certificates for applications made for registration of trademarks in India. According to the said notice, from 1st August, 2016, the registration […]
By Garima Rai, Senior Associate INTRODUCTION India is a huge country with an area of 3.287 million km2 and a large population of approximately 1300 million. That is why many governmental agencies in India work on policy of localization rather than centralization. Patent office in India is no exception. In India, there are FOUR Patent […]
By Kshitij Malhotra, Partner and Moumita Roy, Associate “You no longer search for something. You Google it.” Google, the internet search portal, is a big name throughout the world. Infringement of the brand value of Google, not only is threatening but also critical in the internet space. Therefore, the recent Delhi High Court Decision relating […]
By Kshitij Malhotra, Partner and Garima Rai, Senior Associate On 30th June 2017, the Indian Patent Office introduced a fresh set of CRI Guidelines[i] for examination of Computer Related Inventions (CRI). Notably, this is the third set of guidelines issued by the Indian Patent Office in last three years. The previous two versions were introduced […]
By Kshitij Malhotra, Partner and Moumita Roy, Associate “A first for the Mumbai skyline and a first for India, the iconic hotel building and the signature dome of The Taj Mahal Palace, Mumbai acquire an image trademark for its defining structure“ The recent changes introduced in trademark law in India are auguring well for the […]
INTRODUCTION Patent rights have always played a vital role in encouraging innovations across the globe. Patent Rights not only provide the exclusive right to the patentee for manufacturing and selling the patented product or process, but they also provide the said exclusive right for a substantial period of 20 years from the date of filing. […]
INTRODUCTION With Globalization at a high pace, India opened its doors to foreign investors at the end of the twentieth century and permitted the use of foreign brand names in India. Several globally well-established brands started to explore investment options in India. To address different infringement issues in this market, they relied on the common […]