Security for Costs Apart from hearings, two extra points are important: (a) Security for Costs If the Opponent or Applicant is based outside India, the Registrar can ask them to deposit money as security for costs.

Example: “SWISS CHOCOLATE” for chocolates made in India.

Rely on Precedents: Cite Indian or international judgments where similar objections were overcome.

Can I register the shape of a product as a trademark in India?

Filing your trademark in the correct class is crucial to: Avoid rejection or limitation Prevent future infringement issues Facilitate brand licensing, franchising, or funding The Indian Trade Marks Registry follows the Nice Classification system (45 classes).

It’s advisable to use IP India’s class search tool or consult a professional.”

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.