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Solving the India patent puzzle

Kanchan Vadehra and Sharad Vadehra of Kan and Krishme discuss some of the unique features of the Indian patent system and tips to overcome those challenges

Are there any unique requirements for Indian patents?

Kanchan Vadehra: The first and most obvious unique feature of the Indian patent system is the non-uniformity of practices of the four jurisdictions of the patent office - Delhi, Mumbai, Kolkata and Chennai. Two major areas evidencing divergence in practice are patentability of inventions related to electronics, telecommunications and computer related inventions, and permissible amendments in specifications and claims.

On the side of formal requirements, the decision of IPAB in NTT DOCOMO made it mandatory to submit some sort of proof of right to make and prosecute the application worldwide or at least in India, be it a Form 1 executed by the inventors or an assignment document or any other document transferring rights from inventor to applicant.

Another requirement which is likely to be news in coming months is the requirement under Section 146(2) of the Patents Act as read with Rule...

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