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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