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Opposition at a pre-grant stage to the Patent Application Section 25 of the Patents Act, 1970 mentions the opposition at a pre-grant stage to the patent application of the patentee. Therefore, advisedly right to object at a pre-grant stage has been given to ‘any person’ by the said amendment. This is an illustration of statutorily broadening the concept of locus […]

Mandatory provision of patent registration On the conjoint reading of both the above Sections, it is clear that there is a mandatory provision provided under section 8 where under the applicant for patent is under obligation to disclose the information to the Controller of Patents regarding any patent application which is pending in the country outside India in respect of […]

Counter claim for revocation Counter claim for revocation is a nothing but mentions the commercial success of the product which is patented by the patentee. It is a secondary consideration in patent but it is an attending circumstance of a patent. Another reason which persuades me to infer to the contrary in the absence of the evidence is that there […]

Construction of Claims Patent is an inventive concept which consists of a unique and novel procedure to be followed in invention. Patent application is accept when the applicant filed the patent claims and patent specification. Claim is considered as a heart of the patent application. It will protect the rights of the patentee. Patent Registration has been done by the […]

Improper Examination of Patent Section 12 and 13 of the Patents Act, 1970 specifies the improper examination of patent. Specifically, Rule 81 (3)(a) read with Rule 57 (3) explains  the improper examination of the patent. Patent claims amended but the same were not examined property nor were they advertised. The defendant has cited several documents containing the prosecution history in […]

Design Patent Registration Design registration is one of the intellectual property rights which provide the exclusive right to the owner. The Design registration is done by the registered Patent Attorney and registered patent agent. In Catena of High Court judgments, it has been held that reproduction of the artistic work through industrial process by the owner takes away its protective […]

The principles for grant of injunction of Patent Registration have been succinctly discussed in American Cyanamid Co’s case which have been accepted and followed in the case of franz Xaver Huemer versus New Yash Engineers. It is true that earlier, in the well-known case in American Cyanamid versus Ethican (interlocutory), it was observed that it was sufficient if a “triable […]

Amendment of Applications and Specifications under the Indian Patent Act Patent Registration is done by the IP registry with the help of Indian Patent Attorney. The patent is granted according to the rules and sections of Indian Patents Act, 1970. As the days passed, there was some changes are needed. So the Sections and rules of the Indian Patent Act […]

If any person infringes the provision of the Patent Acts and Rules, then he is susceptible to be penalized or punished. When a court comes to know that somebody is infringing another’s patent, then the person who is infringing can face several penalties. Generally, the penalty the court may ask the infringer to pay for the damages that the patent […]