Photo of Sandeep Pandey

Principal associate in the Intellectual Property (IP) Practice at the Noida office of Cyril Amarchand Mangaldas. Sandeep advises on patents and designs, particularly, patent prosecution, infringement, freedom to operate, patent drafting, patent search/analysis and contentious matters. He can be reached at sandeep.pandey@cyrilshroff.com

Decoding Patent Searches: A brief on the types and strategies

Introduction

Intellectual Property Rights (IPR) have undergone significant evolution in the recent past, and the increasing number of filings for different types of IP rights across the world show the increasing commitment of countries to foster innovation, creativity, and their desire to sustain it. In today’s rapidly evolving landscape of innovation and technology, securing intellectual property rights through patents has become paramount for businesses and inventors. However, navigating the complex realm of patent law demands a thorough understanding of existing inventions and their legal implications. Continue Reading Decoding Patent Searches: A brief on the types and strategies

MHC recommends whittling down of claims to overcome refusal of patent application due to lack of inventive step

Microsoft Technology Licensing LLC’s (hereinafter “Microsoft”) appeal against an order dated September 29, 2020, by which its Indian Patent Application No. 1783/CHENP/2012, was refused by the Controller of Patents as being obvious and lacking inventive step has been allowed by the Madras High Court (hereinafter “MHC”). The MHC directed narrowing of claims to clearly define the inventive feature and overcome refusal of Patent application due to lack of inventive step.Continue Reading MHC recommends whittling down of claims to overcome refusal of patent application due to lack of inventive step

Scope of business method inventions under Section 3(k)

In Priya Randolph Vs Deputy Controller of Patent and Design,[order dated December 20, 2023],the Madras High Court set aside a refusal order passed by the Deputy Controller of Patents and Designs in appeal proceedings. The Court held that mere involvement of a business method in an invention doesn’t render it unpatentable under Section 3(k) of the Indian Patents Act, 1970. The Court observed that the invention involved hardware, software and firmware and that all these components put together, improve data privacy and protection mechanisms.Continue Reading Scope of business method inventions under Section 3(k)

‘Technical Breach’ not a contravention of Section 39 of the Patents Act?

In Selfdot Technologies (OPC) Pvt. Ltd. v. Controller General of Patents, Designs & Trademarks, [order dated November 28, 2023],the Madras High Court has adjudicated on Section 39 and 40 of the Indian Patents Act and held that the breach committed by the appellant was a technical breach and cannot be considered a contravention of Section 39 of the Patents Act, 1970, and hence cannot trigger deemed abandonment under Section 40.Continue Reading ‘Technical Breach’ not a contravention of Section 39 of the Patents Act?