Makar Sankranti, the harvest festival is celebrated in almost all parts of the country in various cultural forms with great devotion. It is believed that it is on this day that the glorious Sun God begins his ascendancy into the Northern hemisphere. Also, this is the only Indian festival celebrated on a fixed calendar day of the solar calendar. All other Indian festivals are celebrated as per the lunar calendar, which makes their days of celebration on the solar calendar…
Before we begin with the following post, warm wishes for a prosperous new year from the entire team of BananaIP. In 2015, we tried to provide you with a variety of blogs and articles relating to every aspect of intellectual property. In 2016 also we resolve to carry forward our endeavor to bring forth the latest happenings in the world of intellectual property.
In this article, we will discuss about the latest change that has been introduced by the Office…
The Ministry of Commerce and Industry, Department of Industrial Policy and Promotion ("DIPP") issued a notification on October 26, 2015 publishing the draft Patents (Amendment) Rules, 2015 ("Draft Rules") seeking to further amend the Patent Rules, 2003 ("Patent Rules").
The notification dated 26 October 2015, published on IP India invited comments on Draft Patent (Amendment) Rules, 2015. We have submitted our recommendations and suggestions to the Ministry and are awaiting to see positive changes in the proposed rules.
In our…
We all know one can never enjoy something that one does not have. It is literally true in case of patents. Patent rights are territorial in nature and can only be enjoyed in countries where one has filed an application for patent protection. The most common question that floods any patent applicants mind is whether they should file for patent protection outside the native country. If the answer is yes, how should they do it and where should they do…
This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one aspect of the order that seems to contradict the Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate…
The Indian Patent Office, after extensive consultative process, has issued an Order by which Chapter 08.03.05.10 of the Manual of Patent Office Practice and Procedure (MPPP), containing provisions pertaining to section 3(k) of the Patents Act, 1970, will stand deleted and replaced by the provisions of the new Guidelines, for examination of Computer Related Inventions (CRIs), with immediate effect.
The Guidelines, while outlining the legal provisions related to CRIs, extensively demonstrates what ‘Patentable Subject Matter’ means and what parameters are…
In the Indian patent system, a request to the patent office has to be made to process the application to the Examination stage. Unlike other countries like the USA, where the examination fee has to be paid at the time of filing itself, Indian Patent Act 1970 provides 4 years time frame to file and pursue the application to the examination stage.
A request for examination has to be filed within 48 months from the date of priority (priority date here…