Patent

Comments on the Draft Patent (Amendment) Rules, 2023

/ By / Patent

As highlighted earlier, yesterday was the last day to share comments/ recommendations with the Ministry of Commerce on the draft Patent (Amendment) Rules, 2023. While on the blog, we have had posts by Md. Sabeeh Ahmad titled “The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules” and by Swaraj and I titled “Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them …

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Draft Patent Amendment Rules: Big Impact but Limited Commentary 

/ By / Patent

The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the …

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SpicyIP Weekly Review (September 11- September 17)

/ By / Copyright, Drug Regulation, Others, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.   Highlights of the Week Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place Changing substantive safeguards through procedural amendments. That’s perhaps the best way to summarize the recently proposed Draft Patent Amendment Rules. …

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Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place

/ By / Patent

[This post has been co-authored with Praharsh Gour. We’re also thankful to Tejaswini Kaushal and Varsha Sharma for their research assistance with this post. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Varsha is a 5th year law student pursuing B. A. LL.B (Hons.) from Jindal Global Law School, Sonipat.] Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a …

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SpicyIP Tidbit: CGPDTM Notifies Patent and Trademark Agent Exams 2024

/ By / Opportunities, Others, Patent, Trademark

The CGPDTM has notified the 2024 Patent and Trademarks Agents Exams. The Trademarks Agent Exam is “likely” to be held on January 06, 2024 and the Patent Agent Exam is “likely” to be held on January 7, 2024 in 14 locations- Ahmedabad, Bangalore, Chandigarh, Chennai, Cochin, Delhi, Guwahati, Hyderabad, Kolkata, Lucknow, Mumbai, Nagpur, Ranchi, and Vishakhapatnam. Both exams will be conducted in 2 sessions of 2 hours (objective type) and 3 hours (descriptive type) respectively. The eligibility of the candidates …

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SpicyIP Weekly Review (September 4- September 10)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.  Highlights of the Week Delhi High Court Calls Out the Practice of Granting Ad-Interim Ex-Parte Injunction Without Granting the Defendant an Opportunity to Reply The Delhi High Court recently clarified that if an impugned mark has been in the use before institution of the suit, the …

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Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

/ By / Design, Patent

Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) on September 4, announced that the same has been cancelled due to “some irregularities/ technical glitches.” The reason for such a move is stated as “to ensure fairness, credibility, and transparency in the recruitment process.” But it is surprising to see that the public notice neither specifies what these irregularities and technical glitches were nor does …

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SpicyIP Weekly Review (August 28 – September 3)

/ By / Copyright, Others, Patent, Trade Secret, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award Akshay Ajayakumar discusses an interesting development of how an arbitrator’s self-praise and improper research led to setting aside a domain dispute award by …

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SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines

/ By / Copyright, Design, Geographical Indication, Patent, Trademark

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. The role of these manuals and guidelines is paramount as they help in implementing the provisions of the Statutes and Rules in a more streamlined manner by the officers and give an insight into the functioning of the office. Interestingly, the issue of revising the …

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The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules

/ By / Patent

On August 23, the Draft Patent (Amendment) Rules, 2023, were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively discussed within the IP community, especially the potential impact they may have on the patent opposition mechanism. While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the prescribed timeline …

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