Why These Updates Matter In March 2024, India enacted major updates to its Patent Rules.

This article explores: The legal framework of tech patents Trends in AI, software, semiconductors, IoT, fintech, and cybersecurity Strategic use of patents for funding, licensing, and valuation Common legal pitfalls and litigation trends Landmark Indian and global precedents Legal Framework for Tech Patents in India Legal Provision Application to Tech Sector Section 2(1)(j) & (ja) Defines "invention" and "inventive step" – essential for software, AI, IoT inventions Section 3(k) Excludes “computer programs per se” — the most debated clause for software patents Section 10 Requires disclosure with sufficient enablement — crucial for algorithmic inventions Patent Rules, 2003 (as amended 2024) Governs e-filing, expedited examination, fee categories for startups, small entities Tip: The technical effect and technical advancement standard is key for eligibility of software-based or computer-implemented inventions.

Legal Framework & Doctrinal Support Legal Basis Jurisdiction Key Takeaway Section 64, Indian Patents Act, 1970 India Patents can be revoked for non-working, but monitoring allows timely action Doctrine of Laches & Acquiescence Common law Delay in enforcing rights due to lack of watch may weaken your position TRIPS Agreement, Article 41 International Enforcement procedures must be available to right holders — monitoring enables this U.S. 35 U.S.C. § 287 USA Damages accrue only from the date of notice — no notice without watch What Is Patent Watching?

To address this, the Government of India introduced the SIPP (Startups Intellectual Property Protection) Scheme, providing financial, procedural, and professional support to DPIIT-recognized startups.

Can an Expired Patent Be Revived in India?

Legal Definition and Indian Context India: No express statutory definition of a patent troll However, under Indian jurisprudence: Misuse of patent rights can be challenged under Section 146 (working statement), Section 84 (compulsory licensing), and Section 140 (restrictive license conditions) Defensive strategies include revocation under Section 64, pre-grant/post-grant oppositions, and compulsory licensing Types of Patent Troll Tactics Tactic Explanation Blanket Licensing Threat Letters Sending mass notices alleging infringement, demanding licensing fees Forum Shopping Filing lawsuits in favorable jurisdictions (e.g., Eastern District of Texas in the US) Buying Dormant Patents Acquiring vague, expired, or dormant patents and reviving them Suing SMEs and Startups Targeting weaker players who prefer to settle Asserting Poorly Drafted Patents Using ambiguous language to maximize coverage Key Indian Provisions to Counter Trolls Section Purpose Section 64 Grounds for patent revocation – lack of novelty, inventive step, insufficient disclosure, etc.

Indian patent law permits applicants to change or revoke their patent agent/attorney at any stage of the patent lifecycle, including during prosecution, opposition, or post-grant proceedings.

The Complexity of Section 3(e) Section 3 of the Indian Patents Act, 1970 outlines non-patentable subject matter, and within it, Section 3(e) specifically bars: “a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.”

The Complexity of Section 3(e) Section 3 of the Indian Patents Act, 1970 outlines non-patentable subject matter, and within it, Section 3(e) specifically bars: “a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.”

Key Features of Copyright Duration: In most countries, including the U.S. and India, copyright lasts for the creator’s lifetime plus 60–70 years (depending on jurisdiction).