indian patent act

February 12, 2025
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Guidelines for Processing Patent Applications of AYUSH Systems and Related Inventions

The Government of India, through the Ministry of AYUSH, actively promotes the traditional and indigenous systems of medicine, including Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homoeopathy (AYUSH). Given the rich traditional knowledge (TK) embedded within these systems, it is crucial to strike a balance between protecting traditional knowledge and fostering innovation. To address […]

February 11, 2025
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Impact of Patent Expiry and Legal Actions on Revocation: A Case Study

Introduction Patents grant exclusive rights to inventors for a specific period, but this exclusive right can be contested if a party believes that the patent was erroneously granted. The Indian Patents Act of 1970 (“Act”) provides the mechanisms for challenging the validity of patents through revocation petitions. One of the primary concerns is whether certain […]

January 26, 2025
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What to do when Hit with a Patent Infringement Lawsuit?

Introduction A patent is a form of intellectual property which grants the patentee exclusive rights, issued by the government, for a specific duration (typically, 20 years), in return for a complete disclosure of the invention. This exclusivity prohibits others from manufacturing, using, selling, or importing the patented product or using the patented process, without the […]

January 21, 2025
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Patentability of Blockchain Inventions in India

Introduction Blockchain technology, a decentralized and secure ledger, has revolutionized industries like finance, supply chain, and digital assets. Its innovative applications raise important questions about its patentability within India’s legal framework for computer-related inventions (CRIs). This article explores the legal provisions, key judicial precedents, and the evolving stance of the Indian Patent Office on blockchain […]

December 10, 2024
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Clinical Trials and Patentability in India

Introduction India has established itself as a global hub for pharmaceutical research, often referred to as “the pharmacy of the world.” This status was redefined in 2005 when India aligned its intellectual property (IP) regime with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. The Patents (Amendment) Act of 2005 introduced full patent protection […]

November 8, 2024
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Ensuring Patent Claim Integrity: Options for Correcting Errors in Indian Patent Applications

Background In patent applications, precise and accurate claims are vital, as they define the boundaries of protection the patent will offer. Yet, clerical errors occasionally appear, ranging from minor spelling or grammatical mistakes to misstatements in technical parameters. Correcting these errors is crucial because they can impact a patent’s scope, and sometimes even its enforceability. […]

October 21, 2024
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Cracking the Algorithm: Blackberry’s Patents Battle Section 3(k) in India

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 […]

October 17, 2024
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Section 3(d) Strikes Again: Nippon Steel v. Controller General of Patents

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 […]