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

‘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?