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Microsoft Technology Licensing LLC V. The Assistant Controller of Patents and Designs- A Reasoned Judgement or Inherently Contradictory?

SpicyIP

In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer Related Inventions, declared that the subject invention had technical effects.

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The Patents Amendment Rules, 2023.

Biswajit Sarkar Copyright Blog

The proposed amendment is an attempt at expediting the process of patent applications and regulation of the same, which are currently governed by two-decade-old Patents Rules of 2003. The heist in granting patents should not undermine the objective for allowing private parties state protection over their inventions.

Patent 52
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Rise of Patents in India and Amended Rules Of 2024

IP and Legal Filings

This allows the others to gain knowledge of the others invention and develop in the future. The patentee has exclusive rights over their invention for a particular period of time, that is 20 years in India. This represent that the patentee has the power to control the uses, makes, imports or sells of their invention.

Patent 74
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Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court

SpicyIP

The Controller of Patents had earlier declined to entertain the petitioner’s national phase application on the ground that it breached the statutory deadlines set out in Rule 138 of the Patent Rules 2003. f) was 1 January 2003. The petitioner approached the High Court against the decision of the Controller of Patents.

Patent 84
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The Draft Patent (Amendment) Rules, 2023

Intepat

Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules). The 2003 Rules came in super session of the erstwhile Patents Rules, 1972 and provided an elaborate description of the filing procedure and allied actions.

Patent 52
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Leaving out the Working Examples?

SpicyIP

The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. The Controller General of Patents & Designs observed that though “ working examples are essential for demonstrating the feasibility and workability of an invention, they do not define the patent’s scope.”

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Prefiling Offer by Business Partner Dooms Patent

Patently-O

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.