An Overview of Key Developments and Changes in India's IP Landscape As India's economy continues to grow and evolve, so too does its intellectual property (IP) landscape. From new laws and regulations to shifting market trends and emerging technologies, the future of IP law in India is constantly evolving. Here, we take a closer look at some of the key trends and predictions shaping the future of IP law in India. The Rise of Digital IP One of the biggest trends in IP law is the rise of digital IP. With the growing use of digital technologies, including the internet, social media, and e-commerce, businesses are increasingly relying on IP to protect their online assets. In India, this has led to a surge in digital IP-related legal cases, including trademark and copyright infringement, domain name disputes, and cybersecurity breaches. Increased Focus on Patent Protection Another trend in IP law is…

            While the definition of Patent merely covers utility patent according to the Indian Patent Act, 1970, the same isn’t true in many other jurisdictions. For example, in the United States, there are three types of patents, namely utility patent, design patent, and plant patent. In India, design patents are called “Industrial Designs” and are defined under the Industrial Designs Act, 2000 (hereinafter referred to as the ‘Act’). India does not have the concept of plant patents and hence we will not be discussing plant patents in this article. https://www.youtube.com/watch?v=AQPpQ8QRqXI Short Explanation about the differences between a Utility Patent and a Design Patent. Utility Patents             Utility patents, as their name suggests, protect the utility/functionality surrounding an invention. Utility patents may be granted to products or processes depending upon the subject matter of the invention. To know more about utility patents read “What is a Patent?” written by Adv. Sutapa…

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…

           Now that you’ve decided to go for patent protection, it is time to choose the type of patent application that you’ll be filing. It is pertinent to understand that a patent protects the utility or functionality of a product. If the novelty of the product relates to its ornamental design, you should go for an Industrial Design (also known as a design patent in the US and other jurisdictions) instead. For the purpose of clarity, let’s use the universal term utility patent to identify patent applications defined under The Indian Patent Act, 1970. This article will help you understand different types of patent applications that may be filed under The Indian Patent Act, 1970. If you are unsure whether to go for a utility patent or an industrial design, read this article written by Mr. Harish Naidu, founding partner of Acura IP Services. To know what is a patent…

           As an inventor working on an idea or invention, the first thought which is often encountered includes “Is my idea patentable”, “Can my invention be patented”, "what kind of inventions can be patented" and “Is my idea patent-eligible”. The foremost thing which you need to be aware of is that a mere idea or a concept cannot be patented. Your idea or invention should be a: new product; ornew process;            that solves a technical problem.            You must also be aware that merely a new process or a product in itself will not qualify for an invention, additionally, the invention or idea must also: involve an inventive step (i.e., must not be obvious to a person skilled in the art); andcapable of industrial applications;            Again, you may find the above terms such as ‘new product’, ‘new process’, and ‘inventive step’ may not be self-explanatory and still do…