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6 months ago

Patent Trolls Explained: Threats, Tactics & How To Protect Your Business

"Patent troll" is an informal term used to describe non-practicing entities (NPEs) — individuals or companies that do not make, use, or sell products or services based on their patents, but rather enforce patents solely to extract licensing fees or litigation settlements.
6 months ago

Changing Your Patent Agent Or Attorney In India: Step By Step Guide

Common Reasons for Changing Your Patent Agent Reason Impact Poor technical drafting or FER responses Risk of refusal or weak claims Communication delays Missed deadlines or client dissatisfaction Lack of transparency on timelines/fees Compliance issues or financial uncertainty Business model shift (e.g., moving from India-only to global filings) Need for specialized global IP counsel Merger or acquisition of client company New counsel preferred by new management Loss of trust, breach of confidentiality Legal risk and immediate termination required Step-by-Step Process to Change Patent Agent Step 1: Revoke Previous Authorization While Indian law does not mandate a formal revocation document, it is best practice to notify the outgoing patent agent in writing and document the revocation for internal records.
6 months ago

Misapplication Of Section 3(e) Of The Indian Patents Act: Legal Interpretation, Judicial Trends, And Industry Implications

The Court also noted: The hearing notice cited Sections 3(e) and 2(1)(ja), but the order rejected the application based on Section 3(d)-style efficacy — a fundamental misapplication of law.
6 months ago

Misapplication Of Section 3(e) Of The Indian Patents Act: Legal Interpretation, Judicial Trends, And Industry Implications

The Court also noted: The hearing notice cited Sections 3(e) and 2(1)(ja), but the order rejected the application based on Section 3(d)-style efficacy — a fundamental misapplication of law.
6 months ago

Copyright Vs. Trademark Vs. Patent: What’s The Difference?

Examples: Company logos (e.g., Nike’s swoosh), brand names (e.g., Apple), slogans (e.g., “Just Do It”), and product packaging.
6 months ago

Expedited Patent Examination In India: Strategic Use, Legal Framework & Business Impact

Fee (Form 18A) Natural Person / Startup / Small Entity ₹ 8,000 Others (Large Entity) ₹ 60,000 Additional Claims (beyond 10) ₹ 1,600/claim Pages beyond 30 ₹ 160/page Sequence Listings ₹ 160/page All fee structures are aligned with the Amended First Schedule (2024) to the Patent Rules, 2003.
7 months ago

Tax On Income From Patents In India – Legal Analysis, Benefits & Global Regimes

Strategic Considerations for Startups & Companies Issue Position under Indian Law Can companies use Sec. 115BBF?
7 months ago

Patent Opposition Response Strategy In India: Step By Step Guide

Types of Oppositions You May Face Type Timing Who Can File Your Role Pre-grant Opposition After publication, before grant Any person Applicant defends application Post-grant Opposition Within 1 year of grant Interested person Patentee defends granted patent When and How Will You Be Notified?
7 months ago

Patent Show Cause Hearings In India: Meaning, Process & How To Prepare

A hearing notice is sent when: The FER reply fails to resolve all objections, especially substantive ones like novelty, inventive step, or Section 3 issues There’s a disagreement on claim amendments The Controller believes the invention is not patentable under law  A hearing notice typically provides a date and time for the oral hearing and may request additional written submissions beforehand.
7 months ago

International Patent Protection Schemes For Msm Es In India

 Patent Cooperation Treaty (PCT) Filing The PCT, administered by WIPO, allows Indian MSMEs to file one international patent application to secure rights in up to 157 member states.