Research and Articles
NDA-Hotline
- Debt Funding in India Series
- The Startups Series
- Court Corner
- Investment Funds: Monthly Digest
- Insolvency and Bankruptcy Hotline
- Deal Destination
- New Publication
- M&A Interactive
- Lit Corner
- Private Debt Hotline
- Food & Beverages Hotline
- Companies Act Series
- Gaming Law Wrap
- Private Client Wrap
- GIFT City Express
- Regulatory Hotline
- Capital Markets Hotline
- Tax Hotline
- Corpsec Hotline
- Dispute Resolution Hotline
- M&A Hotline
- Pharma & Healthcare Update
- Competition Law Hotline
- HR Law Hotline
- IP Hotline
- Telecom Hotline
- FEMA Hotline
- Social Sector Hotline
- iCe Hotline
- SEZ Hotline
- Media Hotline
- Funds Hotline
- Education Sector Hotline
- International Trade Hotlines
- Other Hotline
- Real Estate Update
- Realty Check
- White Collar and Investigations Practice
- Legal Update
- IP Lab
- Cross Examination
- Technology & Tax Series
- Technology Law Analysis
- Yes, Governance Matters.
- Financial Service Update
- Japan Desk ジャパンデスク
IP Lab
February 4, 2013File Foreign Application Prosecution History With Indian Patent Office
During the prosecution of the Indian patent, one provision (Section 8), which has attained importance is the requirement of filing information about foreign patent applications in relation to the same or substantially the same invention. Noncompliance of this provision is a ground for pre-grant opposition, post-grant opposition and revocation of a patent, irrespective of the fact that the invention is novel, non-obvious and useful.
The courts and tribunals in the recent past in India have revoked the patents for non-compliance with Section 8.
Please click here to accesses the article analyzing the nuances of the relevant statutory provisions, case laws and the problems faced by patent applicants in complying with this requirement.
- Ajay Chandru, Aditi Jha & Gowree Gokhale
You can direct your queries or comments to the authors