Indian Patent Law

Grace Period in Indian Patent Law

Introduction Sometimes, inventors need to publicly disclose their invention publicly before filing a patent application—whether to present at conferences, seek funding, test the market, or demonstrate innovations to collaborators. Normally, such public disclosure destroys novelty and makes the invention unpatentable. However, the Indian Patents Act, 1970 recognizes that early disclosure may be unavoidable. To address […]
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Deadline Extensions 101 in Indian Patent Law

Introduction On 15th March 2024, the Indian Patent Office (IPO) published the Patent (Amendment) Rules, 2024. Notably, Rules 137 and 138—relating to the Controller’s powers to condone procedural irregularities and extend deadlines were significantly amended. These changes clarify which specific irregularities can now be condoned by the Controller and which deadlines are eligible for extension. […]
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A Power of Attorney Dispute that Went Too Far

In a significant judgment dated April 22, 2025, the Calcutta High Court (Original Side, Intellectual Property Rights Division) allowed Huawei Technologies Co. Ltd. v. Controller General of Patents, Designs, and Trademarks [1]1, emphatically setting aside a 40-page rejection order passed by the Controller of Patents. The Court held that the application had been rejected not […]
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Delhi High Court Reins in Patent Claim Amendments: AbbVie’s Attempt to Convert Method Claims Rejected

Delhi High Court Reins in Patent Claim Amendments: AbbVie’s Attempt to Convert Method Claims Rejected Introduction In a recent judgment in Abbvie Biotherapeutics INC & ANR. v. Assistant Controller of Patents and Designs [1]1, the Delhi High Court upheld the patent refusal order issued by the Controller of Patents for Indian patent application No. 201817047767, […]
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