Prosecution

April 18, 2025
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The Silver Lining in Examination Delays in India

Introduction Over the last year, patent applicants and attorneys in India have noticed a shift — the Indian Patent Office seems to have slowed down. Despite record-breaking numbers in 2023–2024, the number of First Examination Reports (FERs)1, hearing notices, and grants issued in 2024–2025 has dropped sharply. At first glance, this trend might appear to […]

October 3, 2024
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Sowing the Seeds of Change: Patent Law, Biotechnology, and the Sakata Case

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”). […]

October 1, 2024
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Navigating Patent Prosecution in India: A Comprehensive Guide

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 […]