Organisation: Indian Patent Office

Delhi High Court rules on process for amending patent claims during PCT application entry into India

In a prosecution case concerning the patentability of a method of agriculture, the Delhi High Court has clarified the legislation governing claim amendments and established that methods of treatment of plants are distinct from traditional methods of agriculture. The judgment underscores the importance of reasoned orders from the Indian Patent Office.

17 April 2024

Indian Patent Office draws distinct line between examination and opposition proceedings in popcorn box patent dispute

In its rejection of a pre-grant opposition, the Indian Patent Office has highlighted that a clear distinction between the examination and opposition processes is crucial, particularly when it comes to whether opponents can intervene.

20 March 2024

Delhi High Court backpedals in landmark pharma ruling on product-by-process claims

Reversal in favour of Vifor is a boon for innovators

20 February 2024

Successful Novartis appeal provides critical clarification on India’s pre-grant opposition process

A Delhi High Court decision has highlighted that the pre-grant process can be abused by parties attempting to derail applications. The division bench has clearly distinguished between the examination and opposition processes, which should streamline the handling of pre-grant oppositions while safeguarding the interests of both sides.

07 February 2024

Delhi High Court defines enhanced therapeutic efficacy in setting aside Indian Patent Office refusal order

In a pharmaceutical prosecution case, the Delhi High Court has issued a decision that provides much-needed clarity on Section 3(d) of the Patents Act. The ruling will serve as a useful guide for prosecuting future life science patent applications.

13 December 2023

India: High Court IP divisions’ landmark decisions reflect a positively evolving prosecution landscape

Featured in The Patent Prosecution Review 2024

The Indian Patent Office is taking significant steps to reduce patent prosecution timelines with a view to helping India soon become a top jurisdiction of choice for applicants to protect and commercialise their patents.

08 December 2023

China’s State Grid takes lead in global cybersecurity patent race

But more than half of global applications still originate from the US, data reveals

05 December 2023

Overcoming the Inventiveness Barrier to Patentability

Featured in Inside India’s IP Market: a Guide 2024

Under Indian law, there are certain criteria that must be met to obtain a patent. However, these are often not clear cut, meaning that applicants are often left in the dark when it comes to deciding how best to meet these requirements. However, smart, strategic thinking can substantially increase the probability of overcoming the inventiveness hurdle and securing patent rights.

30 November 2023

A Closer Look at Patent Registration Strategies

Featured in Inside India’s IP Market: a Guide 2024

While India is emerging as a global player in innovation, it falls behind other major economies in terms of the number of patent filings. To ensure that progress continues, applicants must consider India’s IP market conditions and utilise them for effective registration.

30 November 2023

Delhi High Court clears up legislative ambiguity on divisional applications

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