Harare Protocol-Amendments to the ARIPO Harare Protocol

The African Regional Intellectual Property Organization (ARIPO), formerly African Regional Industrial Property Organization, is an intergovernmental organization for cooperation among African states in patent and other intellectual property matters. The purpose of this Protocol is to hear applications for patents and registered trademarks in its member states who are parties of the “Harare Protocol”. One of the recent amendments to the Harare protocol…

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Rule 14 of the Patent (Amendment) Rules

Earlier (1) The amendment made to a provisional or complete specification or any modification in any drawing accompanying the specification must be retyped and must form a comprehensive, coherent and continuous document. Any additions or deletions made by pasting slips or as footnotes or any writing handwritten or printed in the margin of the document…

Rule 13 of the Patent (Amendment) Rules

Earlier 1) All Specifications – Provisional or Complete; is to be filed as per Form 2. 2) Upon filing a Division Application under Section 16; the Specification must incorporate specific reference to the number of the original Parent Application. 3) When filing a Patent of Addition under Section 54; Specification must contain: (i) a specific…

News Updates

Trademark Rules 2017- Intellectual Property India

Ministry of commerce and industry has brought significant changes in current trademark rules which have become effective from 6th day of March 2017. The changes are focused on expediting trademark registration process. The significant changes are as follows: Total number of Forms is reduced to Eight (8) from seventy Four (74). The new Trademark forms…

News Updates

India’s GI List reaches 288 as on December 30th 2016.

The office of the Geographical Indications Registry, Chennai, has registered 288 GI from April 2004, as on December 30th, 2016. Till date, Karnataka has the highest granted GI having 41 GI Registered, followed by Maharashtra with 35, Kerala with 24 GI and Tamil Nadu with 22. Various other states like Gujarat, Madhya Pradesh, Uttrakhand and…

USPTO Issues an update on “Subject Matter Eligibility”

The USPTO recently issued new guidance to Patent Examiners regarding the Subject Matter Eligibility. Below are the Highlights of the guidance based on Federal Circuit (FC) Decisions: The update provides discussion of two recent decisions indentifying the eligible subject matter, namely McRO, Inc. dba Planet Blue v. Bandai Namco Games America Inc., 120 USPQ2d 1091…

Rule 7 of the Patent (Amendment) Rules, 2016

Earlier (1)The fees payable under section 142 in for the grant of patents and applications and other matters shall be specified in the First Schedule. Provided that ten per cent additional fee shall be payable when the documents are in hard copy format. Provided that for small entities every document for which a fee has…

Rule 6 of The Patent (Amendment) Rules, 2016

Earlier 6(1) Any application or document to be filed or given at the patent office or to the Controller or to any other person under the Act or these rules, may be tendered by hand or sent by a letter addressed to Controller at the appropriate office or through registered post, courier service. If it…

Rule 55 of The Patent (Amendment) Rules, 2016

Rule 55: Earlier Representation for opposition shall be filed at appropriate office and shall include a statement and evidence, if any in support of the representation and a request for hearing if so desired. The Controller shall consider such representation only when a request for examination of the application has been filed. On consideration of…

User Authentication by a Selfie

Selfie has been one of the favorite buzzwords these days. And what is notable is that it is not limited to a specific age group. Although selfies had existed long before, it was in 2012 that the term made big news. By 2013, the word “selfie” had become common place enough to be monitored for…

Rule 117 (3) of The patents (Amendment) Rules, 2016

Earlier: Restoration of name of persons removed from the register of patent agents (3) The restoration of a name to the register of patent agents shall be published and communicated to the person concerned. Present: Restoration of name of persons removed from the register of patent agents (3) The restoration of a name to the…

Rule 116 (1) (d) of The Patents (Amendment) Rules, 2016

Earlier: 116. Removal of a name from the register of patent agents (1) The Controller may delete any Patent agent name from the register of patent agents. (d) if he has defaulted in the payment of fees specified in rule 115, by more than three months after they are due. Present: 116. Removal of a…

Rule 118 (1) of The Patents (Amendment) Rules, 2016

Earlier: Alteration of names, etc., in the register of patent agents (1) A patent agent may apply for the alteration of his name, address of the principal place of business and branch offices, if any, or the qualifications entered in the register of patent agents. On receipt of such application and the fee specified therefor…

Rule 135 (1) of The Patents (Amendment) Rules, 2016

Earlier: Agency (1) The authorization of an agent for the purposes of the Act and these rules shall be in Form 26 or in the form of a power of attorney. Present: Agency (1) The authorization of an agent for the purposes of the Act and these rules shall be in Form 26 or in…

Rule 129A of The Patents (Amendment) Rules, 2016

After rule 129, rule 129A has been inserted through the amendment of 2016. 129A. Adjournment of hearing An applicant for patent or a party to a proceeding may make a request for adjournment of the hearing with reasonable cause along with the prescribed fee prescribed in First Schedule, at least three days before the date…