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  • Article

    Proof Of Right Requirements For PCT National Phase Applications

    The IPAB in its order dated October 27, 2020 in the matter of Dow AgroSciences LLC vs IPO provided clarity regarding the proof of right requirements for PCT national phase applications.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Copyright Infringement Vs Public Access To Knowledge – The SciHub Case

    The Plaintiffs briefly are three large publication houses, specifically in the realm of scientific or technical journals.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Duty Of Disclosure - Information Of Foreign Applications

    The Indian Patents Act, 1970 requires an Applicant for a patent to keep the Indian Patent Office informed about corresponding applications that are filed outside India.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Meeting Enablement Requirement In Patent Applications Dealing With Biological Material – Indian Perspective

    A patent application has to meet various requirements of patentability for it to be granted. One such requirement of patentability is the enablement requirement.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Updated Tax Rates For Transfer Or Permitting The Use Of Intellectual Property Rights In India

    In the recent notification issued by the Government of India, the government has updated the Goods and Services Tax (GST) rates levied on temporary or permanent transfer or permitting...
    IndiaTax
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Curtains For The Intellectual Property Appellate Board (IPAB) - End Of A Possible Game Changer?

    The Intellectual Property Appellate Board was recently abolished with the President of India's promulgation of the "Tribunal Reforms Ordinance, 2021".
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Gene Patenting: An India Perspective

    In the recent years, biotechnology has emerged as a major contributor to the growth of Indian economy.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Discussion On Scheme For Facilitating Start-Ups Intellectual Property Protection

    InvnTree had previous published an article discussing Government of India's proposal on patents in its "Start-up Action Plan".
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Post – Dating Of A Patent Application – Indian Perspective

    Post-dating of a patent application deals with shifting of the priority date of a patent application to a later date. The need for such provision arises when one needs ample amount of time to work on the invention.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Establishing Priority Dates Of Claims In A Patent Specification

    A complete patent application may include one or more claims, and each and every claim of the patent application is assigned a priority date.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    COMPULSORY LICENSING AND COVID-19: The Good, The Bad And The Ugly

    A patent accords monopoly to the owner to produce and distribute a patented product as they see fit and to keep other parties from doing the same.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Intellectual Property Protection For Games

    The gaming industry is among the fastest growing industries.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Reworking The Statement Of Working: The Patent (Amendment) Rules, 2020

    On 19 October 2020, the Government of India notified the Patent (Amendment) Rules, 2020, which, among other things, brought the first modern change to the Statement of Working...
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    TRIPS IP Waiver: One Country's Meat Is A Pharmaceutical Corporation's Poison

    The Trade-Related Aspects of Intellectual Property Rights Council has proposed a temporary Intellectual Property waiver for vaccines and other drugs essential for treatment of COVID.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Patent Pool As A Tool To Tackle COVID-19 Pandemic

    Do patent pools facilitate innovation or strangle it? One must evaluate pros and cons before creating or entering patent pools so that one can minimize risks and obtain benefits.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Parliamentary Standing Committee Recommendations For Expanding The Innovation Ecosystem In India

    The Parliamentary Standing Committee on Commerce, on July 23, 2021, submitted a review report on the Intellectual Property Rights Regime in India. One of the key takeaways from the report...
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Law Governing Inclusion Of Multiple Inventions In A Single Patent Application

    On several occasions, multiple inventions are covered by a single patent application. Inclusion of multiple inventions, which may be related to each other, in a single patent application, may be done for strategic reasons.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Does AI Qualify As An ‘Inventor' Based The Statute In Indian Patents Act, 1970?

    In a first, the Indian Patent Office has objected to recognizing AI as an inventor in a recent application numbered 202017019068 citing the provisions laid in Section 2 and Section 6 of The Indian Patents Act, 1970.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Best Practices for Conducting a Patent Invalidation Search

    Patent invalidation/validation searches are performed to assess the validity of a granted patent. In general, an invalidation search is sought by companies sued for infringing a granted patent claim(s), and a validation search is sought by an entity/individual before suing an infringer to assess the patent's validity.
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.
  • Article

    Can Two Patents Be Granted For A Single Invention - Impact Of Disclosure Of The Genus Patent Over The Species Patent

    The Delhi High court in its recent Judgment dated 20 July, 2021 denied injunctions to AstraZeneca AB and AstraZeneca Pharma India Limited (Appellants) against nine generic drugmakers...
    IndiaIntellectual Property
    InvnTree Intellectual Property Services Pvt. Ltd.
    InvnTree Intellectual Property Services Pvt. Ltd.

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