PIL on Patent Working Requirement: Timeline and Updates

This post presents recent updates and a timeline of events on Prof. Basheer’s PIL relating to the patent working requirement. Brief Background The writ petition brought into light the issue pertaining to non-compliance of the patent working requirement (known as the… Continue Reading

Pharma Patents : Biologic’s drugs and ever greening of patents

Pharma is an expensive, time consuming and uncertain process that may take many years to complete. The useful new drugs are patented, protecting them from competition and allowing them to charge high prices. When the patent ends, other companies are… Continue Reading

How to retrieve prosecution history of a corresponding foreign patent application?

The Indian Patent Office (IPO) requires the details of all foreign filings of a patent application under Section 8(1) of the Patents Act. Furthermore, in case the patent has been granted or refused or abandoned in any jurisdiction, the applicant… Continue Reading

What all types of Formal Objections can be countered in a First Examination report (FER)?

This post is in continuance of my previous post illustrating what’s inside a FER which is issued by the Indian Patent Office (IPO). In this post, I have listed all possible formal objections that may be made by the Controller… Continue Reading

Inside a First Examination Report (FER) of a Patent Application in India

A First Examination Report (FER), also known as First Office Action in the U.S., is issued by the Indian Patent Office (IPO) only when the applicant files a Request for Examination (FORM 18 or 18A). A request for examination has… Continue Reading

How to bypass Novelty objection in FER vis-a-vis patent application?

In order to overcome objection made by the Controller in the First Examination Report (FER), with regard to novelty, I generally undertake the following steps in order to make an appropriate response to the objections raised. There is no straight… Continue Reading

Indian Patent Procedure 3 -‘Client2Attorney’

This post continues from Indian Patent Procedure 2. Dear Mr X, We write in furtherance of our previous letter, apprising you of the examination process in the Indian patent procedure. Another crucial stage to note is the stage of opposition.… Continue Reading

Indian Patent Procedure 2 – ‘Client2Attorney’

This is post is in continuation of Indian Patent Procedure. Dear Mr X, We write in furtherance of our letter dated December 13, 2017, apprising you of the filing process vis-a-vis the Indian patent procedure. In this mail, we will… Continue Reading

Indian Patent Procedure – ‘Client2Attorney’

Client’s mail Dear Mr L & P, I am the inventor of ABC invention, I wish to file for a patent in India, and maybe overseas also. Can you elaborate upon the entire Indian patent procedure? Regards, Mr X Attorney’s… Continue Reading

Utility Model Patent w.r.t USA and INDIA

“Don’t design for some, when it can be Utilized by many “ There are three types of patents available in USA .Utility model is one of them. It is based on the requirement of ‘usefulness’ i.e. the claimed ‘use’ should… Continue Reading