Indian patent law plays a crucial role in safeguarding patent rights within the country. Patent prosecution in India involves addressing formal and procedural matters more than legal disputes. Most books available in the market primarily focus on legal aspects such as patentability and infringement. This book is designed to guide stakeholders, including paralegals and patent agents, in handling both operational and legal challenges at various phases of an Indian patent’s lifecycle.
This handbook serves as an essential resource for patent professionals, guiding them through every phase of acquiring and enforcing an Indian patent. It incorporates schematic drawings, tables, flowcharts, and references to case law, acts, rules, manuals, and guidelines to enhance comprehension. The book provides comprehensive instructions on filing convention applications, divisional applications, and patents of addition, while also detailing the fundamental patentability criteria—novelty, inventive step, and industrial applicability. The book meticulously covers document preparation, filing procedures, responding to objections, attending hearings, making amendments and appeals, handling renewals, managing pre- and post-grant oppositions, and submitting domestic working statements. Additionally, it outlines strategic considerations at every stage, including the availability of deadline extensions. A key section is dedicated to the patent examination process, offering specific insights into inventions related to pharmaceuticals, computer technology, traditional knowledge, and biotechnology.
The handbook provides a comprehensive overview of enforcement mechanisms, including commercialisation opportunities, licensing, compulsory licensing provisions, and infringement suits. It explains the elements of patent infringement, how infringement is determined, the legal remedies available to patentees, and possible defences available to defendants. The book visually illustrates the Indian court system, clarifying the relationship between ordinary courts, commercial courts, and intellectual property divisions. It also explains how jurisdiction is determined based on pecuniary value and suit valuation.
This book will assist patent professionals in preparing for enforcement and initiating infringement suits, while considering jurisdictional factors. It provides a detailed explanation of trial proceedings, including first hearings, case management hearings, and final hearings leading to judgments. It discusses general timelines and costs associated with patent enforcement.
Finally, the handbook provides practical guidance on searching for patents and applications in India, covering techniques for gathering patent-related information, accessing the Controller’s decisions, and utilising legal resources such as acts, rules, manuals, and guidelines. It emphasises the importance of patent journals, annual reports, and news updates as valuable sources of information. The book offers insights into engaging with Indian patent agents for efficient prosecution, making it a vital reference for businesses and legal professionals.