Patent

SpicyIP Tidbit: Fee Refund in Patents


It was recently brought to our notice that under Article 11 of the new European Patent Office (EPO) Rules for examination which come into force from April 1, 2010, the examination fee will be refunded: (i) in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the examining divisions have assumed responsibility; or (ii) at a rate of 75% if the European patent application is withdrawn, refused or deemed to be withdrawn after the…


Read More »
Patent

Scope of Section 15


In 2 earlier posts, I had discussed the Delhi High Court’s judgment on maintainability of pre-grant decision appeals before the IPAB. In those 2 posts, the focal point was to underline the fact that the rejection of a patent application in a pre-grant opposition (let’s call this “PGO” rejection for short) is no different from its rejection under Section 15 of the Patents Act, 1970 in the normal course of examination. Before the pronouncement of this judgment, I was searching…


Read More »
Patent

Delhi HC: Pre-grant Patent Application Rejections Appealable before the IPAB- II


In the last post, I had discussed the Delhi HC’s decision on appealability of pre-grant patent rejections before the IPAB. The post discussed the effect and import of the 2005 amendment on Section 25, Section 116 and Section 117A of the Act. In this post, the combined interpretation of Section 15, Section 25(1) r/w Rule 55, 117A and 117G has been dwelt upon. Section 15, Section 25(1), Section 117A and Section 117 G: Though it is clear that there must…


Read More »
Patent

Delhi HC: Pre-grant Patent Application Rejections Appealable before the IPAB- I


This post has been split in 2 parts for the convenience of readers. To understand this post better, following is a reproduction of the relevant provisions of the Act: Section 15: Power of Controller to refuse or require amended applications in certain cases (1) Where the Controller is satisfied that the application or any specification or any other document filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the controller…


Read More »

Essay Competition: Competition by Max Planck on Innovation


SpicyIP is pleased to announce the first international essay competition conducted by the prestigious International Max Planck Research School for Competition and Innovation. The topic for the competition is “Designing an Inclusive National Innovation Policy for Sustainable Development: Legal, Economic, and Social Perspectives”. The text of the essay should be no longer than 8,000 words, including footnotes. It should be presented in a way that ensures the author’s anonymity when it is circulated to the members of the evaluation committee….


Read More »
Innovation

Indigenous Research In india: Where Do We Stand?


I was reading this informative article titled “The Missing Scientists” by Shyamal Majumdar, former resident editor of the Financial Express, in the Business Standard which restates what has been said in the relevant circles for a very long time now- India needs to buck up on the research front and we need an integrated approach with specific objectives outlined. (Majumdar has earlier written on related issues such as employability of Indian engineering graduates and the adequacy of their skill set…


Read More »
Patent

Importation and Local Working of Patents


In one of our last posts, we had blogged on the public notice issued by the Patent Office on working of patents (For those who want a crisp and clear picture on working of patents, please read this article by Sumathi and Aparna Kareer). A couple of days back, a dear friend of mine asked me something which piqued my interest. He drew my attention to Section 83 of the Act whose title reads “General Principles Applicable to Working of…


Read More »
Patent

Working of Patents: Public Notice Issued by Patent Office to Patentees and Licensees


The Controller General of Patents has issued a notice under Section 146 of the Patents Act, 1970 which empowers the Controller to issue a notice in writing requiring patentees or licensees (both exclusive and non-exclusive) to furnish information about commercial working of the invention within 2 months from the date of the notice or within such further time as the Controller may allow. SpicyIP thanks Suresh Gupta for drawing our attention to this notice! In the instant notice, the Controller…


Read More »
Innovation

SpicyIP Tidbit: Innovation Universities to Be Set up in India


According to news reports, some of the best known Ivy League universities – MIT, Yale, Harvard and Princeton have approached the MHRD (Ministry of Human Resource and Development) to collaborate in the proposed setting up of 14 Innovation Universities across India as part of the 11th Five Year Plan (2007-12). (MIT apparently is not a part of the Ivy League according to Wikipedia) This is a continuation of Mr.Kapil Sibal’s visit to these universities last October. Reportedly, Satyanarayan Gangaram Pitroda…


Read More »
Copyright

SpicyIP Tidbit: Latest on the 3 Idiots Controversy


In two posts earlier, we have blogged on the 3 Idiots controversy between Chetan Bhagat on the one hand, and Rajkumar Hirani, Vidhu Vinod Chopra and Aamir Khan on the other, which has grabbed the attention of the mainstream media thanks to Chopra’s outburst at a press conference at the Radisson in Noida yesterday. Earlier in the day today, after Chopra apologised to the media for his appalling behaviour, Rajkumar Hirani held a press conference citing the credits clause in…


Read More »