Tag: challenge to patent

Challenging a Patent Application or a Patent in India
A patent is a statutory right granted to prevent any third party, who does not have the patent owner’s consent from using his patented invention. To know more about patents, please refer to the article “What is a Patent?” While patents are granted after examination of the invention by the respective patent offices, these patent rights are not absolute in most jurisdictions. This means that the patents and even patent applications can be challenged at any stage post-publication of the patent application or during the lifetime of the patent. It is an established position of law in India that there is no presumption of validity of a patent.[i] Also, Section 13(4) of the Patents Act, 1970, (“Act”) provides that the examination and investigations conducted by the Indian Patent Office under Section 12 of the Act shall not be deemed in any way to warrant the validity of any patent. Considering…

Branded Medicines vs. Generic Medicines: The Role of Patents
In the pharmaceutical industry, the distinction between branded and generic…

Microsoft vs. Indian Patent Office – Decisions by Delhi High Court on Software Patents in India
The part of this series focuses on the two recent…

Utility Patents vs Design Patents (Industrial Designs)
While the definition of Patent merely covers…
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Branded Medicines vs. Generic Medicines: The Role of Patents
In the pharmaceutical industry, the distinction between branded and generic medicines is an essential one. Understanding this distinction is crucial not just for…
Recent Discussions
Microsoft vs. Indian Patent Office – Decisions by Delhi High Court on Software Patents in India
The part of this series focuses on the two recent judgments of the Delhi High Court passed in the statutory appeals filed by…