Category: Patent Specification

Section 53 – Term of Patent

Those patents with validity and granted after 2002 [Patents (amendment) Act, 2002] will have a validity of 20 years from the date of filing the application. For international applications filed under PCT designating India, the validity shall be 20 years from the date of international filing as per PCT. If the renewal fee to the…

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Section 56 – Validity of Patents of Addition.

The grant of any patent of addition shall not be refused or revoked (cancelled) after grant just because it does not have any inventive step compared to the main invention or by the aspect that if the improvements provided are ought to be a new invention / independent invention in any manner. The previous invention’s…

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Section 58 – Amendment of Application before Appellate Board or High Court.

If any case of infringement of a patent is proceeding in the Appellate Board or the High Court; they may request the patentee to amend (make modifications) the application as it fits to be non-infringing with consideration the terms on cost, advertisement, etc., instead of directly invalidating or revoking the patent. If such an appeal…

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Section 113 – Certificate of Validity of Specification and Costs of Subsequent Suits for Infringement thereof.

If any cases are under trial before the Appellate Board or the High Court for revocation of a patent under sections 64 and 104, where the validity of any claim is opposed and if the Appellate Board or the High Court finds the claim to be valid, it shall provide a certificate to the patentee…

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Section 114 – Relief for Infringement of Partially Valid Specification

When a patentee files an infringement case on a patent and if the Court finds that the infringement is valid for one or more claims but not valid for any (other) claims, the Court may order relief for only the claims that are infringed. Such relief shall not just be an order of warning (injunction)…

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