Section 8 Requirements – Not A Password To Revoke A Patent

Section 8¹ of Indian Patents Act 1970 requires applicants to submit information regarding corresponding foreign applications. While this is a purely procedural requirement, non-compliance with section 8 is also a common ground for rejection of a majority of patent applications. To remain on the safer side, applicants are required to update the IPO with information and keep informing the IPO on the movement of patent applications at each of the foreign offices. Hence patent prosecution strategies for ensuring compliance with section 8 require a mechanism to verify all submissions related to section 8 every six months.

It is pertinent to mention here that the failure to disclose information required under section 8 of the Act is a ground for pre grant opposition [section 25(1) (h)], post grant opposition [section 25 (2) (h)] and revocation of patent under section 64 (1) (m) of the Act.