Article in this issue of Amicus seeks to explore and understand the evolving nexus between the Biological Diversity Act, 2002 and the Patents Act, 1970.

Examination of computer-related inventions (CRIs) by the Indian Patent Office is perceived to be ambiguous. However, certain recent decisions of the Controller highlight the emerging consistency in examination of CRIs.

Section 8 of the Indian Patents Act, 1970 mandates applicant(s) filing an application for a patent in India to furnish information pertaining to applications for a patent for ‘the same or substantially the same invention’ filed in any country outside India.

The modified guidelines for examination of Computer Related Invention CRIs provide a three-stage test for determining whether a claim falls within the exclusions of Section 3(k) of the Patents Act, 1970.

The legal protection to an invention is based on the claims of the granted patent. A process patent has claims directed towards a method/ process of manufacture of the product.

Can proceedings for rectification before the Intellectual Property Appellate Board be initiated without the permission of the Court trying the infringement suit? The Delhi High Court recently held that prior permission of the Court is not necessary.

Patents are not just instruments of private commercial utilisation but also have an impact on public policy.

A plaintiff would be entitled to rely on the grant of a patent as prima facie proof of validity, but the defendant would only be required to demonstrate (through scientific literature, expert evidence, etc.)

IPR Amicus of December 2015 covers an article on Divisional Applications for patents. It is opined that there is no settled jurisprudence that a divisional application can be filed only based on the invention claimed in the parent application.

IPR Amicus, November, 2015 covers an article ‘Slogans - An issue of descriptiveness’. This article discusses about the difficulty in getting trademark protection for slogans as it is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature.