IPR Studio Blog

POWERS OF THE CONTROLLER UNDER THE INDIAN PATENT REGIME

POWERS OF THE CONTROLLER UNDER THE INDIAN PATENT REGIME

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In India, the patent regime is statutorily based on the Patents Act, 1970 and the Patents Rules, 2003. Section 2 (1) (b) and Section 73 (1) of the Patents Act, 1970 and Section 3 (1) of the Trade Marks Act, 1999 provides that the Controller of Patent is the Controller General of Patents, Designs and TradeMark. The Controller is the principal officer responsible for administering the patent system in India. The Controller is the overall supervisor of the four Indian Patent Offices in Chennai, Delhi, Mumbai and Kolkata.

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PROTECTING ORIGINAL LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS IN INDIA

PROTECTING ORIGINAL LAYOUT-DESIGNS OF SEMICONDUCTOR INTEGRATED CIRCUITS IN INDIA

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In his patent application no. US3138743A, Jack Kilby, the Nobel prize winner for inventing the integrated circuit (IC), described the device as “a body of semiconductor material … wherein all the components of the electronic circuit are completely integrated.” The invention of IC revolutionized the computing world in unprecedented ways that ushered in a new age of sophisticated machine designs and components with multi-fold processing speeds. In the 1960s, NASA’s Apollo Program was the largest single consumer of integrated circuits, leading to watershed astronomical feats.

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PENALTIES, PUNISHMENTS AND PENANCE UNDER THE INDIAN PATENT REGIME

PENALTIES, PUNISHMENTS AND PENANCE UNDER THE INDIAN PATENT REGIME

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Elizabeth Fry, the renowned English prison reformer once famously quoted that, “Punishment is not for revenge, but to lessen crime and reform the criminal”. As is true in contemporary times, the sophisticated means to diplomatically undo a wrong-doing by a person is extended in all of the major aspects of law-making processes.

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SIPP SCHEME – A MAJOR BOOST IN PROTECTING IPRs FOR THE INDIAN STARTUP CULTURE ?

SIPP SCHEME - A MAJOR BOOST IN PROTECTING IPRs FOR THE INDIAN STARTUP CULTURE ?

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Addressing a virtual gathering of entrepreneurs held to celebrate the inaugural National Startup Day (January 16), Prime Minister Narendra Modi termed startups as the “backbone“ of new India and the engine that will power the nation’s economic growth in the run up to the 100th year of Independence. As innovation and inventiveness is key for startups, the government has rolled out a string of measures to foster the grant of IPR protection to startups.

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RESTORATION OF LAPSED PATENTS IN INDIA

RESTORATION OF LAPSED PATENTS IN INDIA

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A patent is a statutory right granted for a limited period of time to the patentee by the government in return of disclosing an invention, to excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent. In India, the term of a granted patent is 20 years from the date of filing of the patent application. While a patent is granted to the patentee in order to encourage technological advancements for public benefit, it is the responsibility of the patentee to ensure the timely payment and monitoring of the renewal fees.

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PATENT REGIME IN INDIA : A REVIEW THROUGH THE EYES OF THE DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON COMMERCE

PATENT REGIME IN INDIA : A REVIEW THROUGH THE EYES OF THE DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON COMMERCE

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Having its origins in colonial times, the history of the patent regime in India dates back to the Act VI of 1856. The objective of this legislation was to encourage inventions of new and useful manufactures and to induce inventors to disclose secrets of their inventions. After independence, the Justice Ayyangar Committee report of 1959 pointed out that India was a type of “country whose interests demand urgently the working of patented inventions within as short a time as possible and to the fullest extent reasonably practicable.” Fast-forward to 2022, India ranks 35 as per the rankings of the Global Innovation Index making it one of the fastest emerging IPR regimes across the globe.

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PATENT AGENTS IN INDIA – A COTERIE OF TECHNO-LEGAL EXPERTS

PATENT AGENTS IN INDIA - A COTERIE OF TECHNO-LEGAL EXPERTS

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As quoted by Dr. Barry Gehm, “Any technology distinguishable from magic is insufficiently advanced” – for it is a forte of human beings to be gifted with a sense of conscious intelligence ! The advancements in technological endeavours over the last few centuries has unfurled a totally new perspective towards the nature of required work and employment opportunities all around the globe. One of these modern-day professions include the caucus of techno-legal experts and patent agents.

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SCIENTIFIC ADVISERS IN PATENT LITIGATION – THE INDIAN PERSPECTIVE

SCIENTIFIC ADVISERS IN PATENT LITIGATION - THE INDIAN PERSPECTIVE

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From the stone-age era leading to the invention of the wheel till the modern-day Large Hadron Collider (LHC) machine (the largest and most complex machine ever built), human evolution has not revolutionized the lifestyle and every aspect about being a human being, but also sophisticated the potpourri of technological understanding.

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CASE STUDY :- Boehringer Ing. Pharma vs. Macleods Pharma (Himachal Pradesh High Court)

CASE STUDY :- Boehringer Ing. Pharma vs. Macleods Pharma (Himachal Pradesh High Court)

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In this judgement, the Himachal Pradesh HC made the ad-interim protection granted to the plaintiffs for alleged patent infringement by the defendant, absolute, during the pendency of the civil suit

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WIPO, PCT AND INDIA – FUNCTIONING OF THE IPO AS IPEA AND ISA

WIPO, PCT AND INDIA - FUNCTIONING OF THE IPO AS IPEA AND ISA

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With the filing of the 3 millionth international patent application under WIPO’s Patent Cooperation Treaty (PCT) on February 2, 2017, the then WIPO Director General Francis Gurry cantillated that “the PCT’s success is a tribute to the vision of the PCT’s founders who, more than four decades ago, foresaw the value in providing a global service to assist innovators in seeking multinational patent protection for their inventions”.

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