Introduction The Indian Patents Act, 1970 plays a crucial role in defining what constitutes patentable subject matter. One of the most debated provisions is Section 3(k), which excludes the patenting of algorithms, business methods, and computer programs per se. In 2024, the Delhi High Court heard two key cases involving Blackberry Limited, which revolved around […]
Introduction Section 3(d) of the Indian Patent Act (hereinafter, “the Act”) bars the patentability of new uses or new forms of known compounds and compositions unless these changes result in significant therapeutic efficacy. Various judgments have established precedents clarifying non-patentability objections, particularly those under Section 3(d) of the Indian Patent Act. In a recent judgment […]
In today’s competitive business environment, trademarks play a crucial role in establishing brand identity and protecting intellectual property. Trademark registration in India, governed by the Trademark Act of 1999, provides a structured process for securing exclusive rights to use a mark. This article explores the significance of trademark registration, the steps involved, and its benefits […]
Introduction In recent years, many celebrities have sought to protect their reputation and popularity by registering their birth names and professional names as trademarks worldwide. In India, while ‘celebrity’ isn’t clearly defined in IP law, the Copyright Act uses ‘performer,’ which includes actors, singers, musicians, dancers, and other public entertainers. Historically, trademark offices were hesitant […]
Introduction In today’s highly competitive market, the visual appeal of a product can be just as important as its functionality. From the sleek curves of a smartphone to the distinct contour of a bottle, a product’s design plays a pivotal role in shaping its identity and market success. Design registration offers a legal mechanism to […]
Introduction In a recent judgment in Sakata Seed Corporation v. Deputy Controller of Patents and Designs [1], the Madras High Court set aside a patent refusal order issued by the Controller of Patents for patent application No. 1221/CHENP/2015. The refusal was based on non-compliance with Section 3(j) of the Indian Patents Act, 1970 (“the Act”). […]
Introduction Patent prosecution is a crucial process in intellectual property law, encompassing all the steps involved in securing a patent. The Patents Act, 1970 is the core law that deals with patent applications under India’s filing and regulatory framework. In India, patent prosecution is divided into two main phases: pre-grant prosecution and post-grant prosecution. Each […]