Patent Law
The origination or birth of the patents took place way back in the fourteenth and sixteenth century. The word ‘patent’ was derived from the Latin word ‘patere’ which means ‘to lay open.’ The history of Patent law in India starts from 1911 when the Indian Patents and Designs Act, 1911 was enacted. The present Patents Act, 1970 came into force in the year 1972, amending and consolidating the existing law relating to Patents in India. The Patents Act, 1970 was again amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals and micro- organisms. After the amendment, the provisions relating to Exclusive Marketing Rights have been repealed, and a provision for enabling grant of compulsory license has been introduced. The provisions relating to pre- grant and post- grant opposition have been also introduced.
Our Patent team includes Attorney’s and professionals from mechanical engineering, chemistry, electronic and communications, IT Software, Life Sciences and Bio Technology. The Firm has a network of associates in major Countries Internationally to provide both domestic as well as international assistance on patents filing and protection.
WHAT WE OFFER
- Patent filing and prosecution
- Search
- Patent drafting
- Opinions, counselling and strategic advice.
- Litigation support
Patentability of genetically modified plant breed: The Monsanto Conclusion
MONSANTO TECHNOLOGY LLC VS. NUZIVEEDU SEEDS LTD. & ORS. 2019 SCC Online SC25 FACTS: Monsanto had licensed its Bollgard Technology to Indian seed companies, including Nuziveedue for an initial period of ten years. Under the license agreement, these companies were supposed to sell certain seeds and pay a contractually- agreed trait value/ license fee to […]
An insight into the Patents Law in India
PATENTS The origination or birth of the patents took place way back in the fourteenth and sixteenth century. The word ‘patent’ was derived from the Latin word ‘patere’ which means ‘to lay open.’ The history of Patent law in India starts from 1911 when the Indian Patents and Designs Act, 1911 was enacted. The present […]
Export of a patented drug for experimental purposes is covered under S.107A of the Patents Act, 1970 (India’s Bolar exception), and thus does not amount to Patent Infringement
Bayer Corporation Vs. Union of India & Ors. Decided on 22.04.2019 In a decision that is likely to have a significant impact on pharmaceutical patents and access to medicines, a Division Bench of the Delhi High Court upheld a Single Judge’s decision and ruled that the ‘export’ of a patented invention for experimental purposes […]
Two Public Notices under PPV&FR Act, 2001 – one under Section 7 & 28 and the other under Section 20(1) of PPV & FR Act, 2001.
The Registrar General under the PPV&FR Act, 2001 issued a public notice under Sections 7 and 28 thereof, purportedly to clarify the extent and scope of rights/power under the Act. Among others, as per this Notice, the power of price fixation of seeds of registered varieties as well as fixation of license fee/royalty for technology that may go […]
Indian Patent office signing of Pilot Programme on Patent Prosecution Highway with Japan Patent Office.
In a step forward for Patent Prosecution in India, the Government approved the proposal for Bilateral Patent Prosecution Highway (PPH) program between Indian Patent Office and Patent Offices of other interested countries/regions. PPH refers to bilateral arrangement between patent offices that aims to: a) promote work-sharing and b) enable accelerated processing of patent applications. The […]
Draft Amendment to Form 27 (Statement on working of Patents)
The Government of India has published a draft Form 27 for comments under the Draft Patent (Amendment) Rules, 2019. The proposed amendment issued by the Department of Industrial Policy and Promotion (DIPP) under the Ministry of Commerce and Industry clarifies the timelines for filing Form 27 as well as revised provisions for providing verified English- […]
Indian Patent office signing of Pilot Programme on Patent Prosecution Highway with Japan Patent Office.
In a step forward for Patent Prosecution in India, the Government approved the proposal for Bilateral Patent Prosecution Highway (PPH) program between Indian Patent Office and Patent Offices of other interested countries/regions. PPH refers to bilateral arrangement between patent offices that aims to: a) promote work-sharing and b) enable accelerated processing of patent applications. The […]