Author name: Praharsh Gour

Patent Rules Published: A Quick Look 

On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime. There will likely be more posts in the coming days that take a deeper look into these Rules. For now, on a quick skim, some of the notable amendments are:-  Revised Time limits  The Amended Rules revised timelines/ time limits for the following:-  Certificate of Inventorship  Amendments Concerning Requirement to File Information about Foreign Applications  Amendments Concerning […]

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PAC Chairperson Demands Probe by Chief Vigilance Commission Into Corruption Allegations Against CGPDTM!

“Out of the frying pan, into the fire” seems to sum up the current predicament of the Office of the Controller General of Patent, Designs and Trade Mark (CGPDTM). Only a few weeks after somehow organizing the Patent and Design Examiners’ Exams, and fixing the long-standing issue with the trademark registry website, the office has ended up in another turmoil. As reported by the Print, the Press Trust of India, and tweeted by the ANI, Member of Parliament and Chairperson

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SpicyIP Tidbit: CGPDTM Launches Open House Helpdesk Portal

In a welcome development, the office of Controller General of Patents, Designs and Trade Marks (CGPDTM) launched the Open House Helpdesk Portal on February 14, to “provide swift and effective resolution to the queries and grievances of applicants and stakeholders” on a plethora of issues. Registering oneself with the portal seems pretty straightforward where a person has to put in their name, email id, and mobile phone number. In addition to the above, one would also need to choose a

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Comments on the Proposed Trademarks (1st Amendment) Rules, 2024

On January 10, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024. As discussed by Pragya Singh and Lakshita Handa, here, the proposed Rules are marred with inconsistencies and can surely benefit from an assessment through the principles of simplicity, rationality, accountability and accessibility. Right on the heels of their post, we are pleased to bring to you detailed comments on the Proposed Rules authored by Praharsh, Pranav, Swaraj and

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Comments on the Proposed Patent (2nd Amendment) Rules, 2024

On January 3, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the  Draft Patent (2nd Amendment) Rules, 2024 inviting public comments on the Proposed Rules. As discussed here, these hastily drafted Rules, full of typos and ambiguity, seem to enforce the amendments introduced by the Jan Vishwas (Amendment of Provisions) Act, 2023 and proposes to set up a new mechanism to hear complaints against offences under Sections 120, 122 and 123 of the Patent Act. The deadline to

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Restrictions on E-Register and Public Search Features of the Trademarks Registry Lifted (Finally!)

Some good news for trademark practitioners! The restriction imposed on the E-Register and the Public Search features of the Trademarks Registry’s website is finally lifted, making them accessible 24×7. As discussed here, the restriction was imposed due to an increased load on the TM application and database servers. A big thanks to one of our readers for sharing the public notice lifting this restriction, in the comments of my previous post. Readers will recall that in our Annual Review of

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Some Thoughts on the Draft Patent (2nd Amendment) Rules, 2024

[This post has been co-authored with SpicyIP Intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. His previous post can be accessed here.] On August 2, 2023, the extremely problematic Jan Vishwas Act, 2023 was passed by the Parliament. As highlighted by Aparajita, here and here, the amendments introduced by the Jan Vishwas Act, 2023 dilute the obligation to submit the working statement and introduce new powers for the controller to establish

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CGPDTM to Hold a Meeting Regarding the Processing of Trade Mark Applications and the TMR Portal on February 1

The office of the Controller General (CGPDTM) has announced that it will be organizing a “physical” meeting in its Mumbai office on February 1, to listen to the grievances of stakeholders regarding the TMR portal and other issues concerning the processing of trademark applications. The notice for this meeting was passed on January 29 i.e. just 2 days before the proposed meeting and it does not state if the meeting can be attended virtually. (Hopefully, soon similar meetings will be

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(SpicyIP Tidbit) Nokia- Oppo SEP Litigation: The Dust (Dispute) Finally Settles!

In a major development, all the patent disputes (including the 5G SEP dispute) between Oppo and Nokia stand settled as both parties enter into a cross-licensing agreement. Though the terms of the agreement have not been made public, as reported by Sukanya Sarkar here (paywalled) the agreement brings an end to the patent disputes between the parties in Germany, France, the Netherlands, India, China, the UK and five other jurisdictions! Interestingly, as pointed out by Mathieu Klos, Nokia’s press release

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(SpicyIP Tidbit) Devotion, Deception, and Confusion: Delhi High Court Restrains “Khadi Organic” from Selling Ram Mandir Consecration Prasad 

What if I told you that there was a way to get free prasad from the Pran Prathishta (consecration) ceremony of the Ram Temple in Ayodhya, Uttar Pradesh? Surely this question would have piqued the interest of many devotees. Many would have also come across text messages, Instagram posts stating that “Khadi Organic” was providing delivery of free prasad from the consecration ceremony against a delivery charge of merely INR 51/-. Also, chances are that many people would have confused “Khadi

(SpicyIP Tidbit) Devotion, Deception, and Confusion: Delhi High Court Restrains “Khadi Organic” from Selling Ram Mandir Consecration Prasad  Read More »

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