Shining the spotlight on Indian Patent Law
Filing Language: An interesting aspect of Indian patent law is that patent applications can be filed in either English or Hindi, the two official languages of India. If a patent application is filed in English, there is no requirement to submit a translation in Hindi.
Bilateral Agreements: India, as a member of the World Intellectual Property Organization (WIPO), is a signatory to the Paris Convention for the Protection of Industrial Property, and a member of the Patent Cooperation Treaty (PCT). Another key agreement is the Patent Prosecution Highway (PPH) program, which facilitates expedited patent examination based on corresponding applications filed in partner countries.
Examination Process: Once an application is filed, it undergoes a thorough examination by the Indian Patent Office to assess its novelty, inventive step, and industrial applicability.
Post-grant: a Working Statement must be filed annually for Indian patents. The statement details whether a patent is being worked (or not) in India, to ensure that Indian patents are worked on a commercial scale to the fullest extent reasonably and practically possible, for the benefit of the country.
Tech-Friendly Approach: India’s patent law has adapted to the fast-paced technological advancements of the 21st century. The country grants patents on inventions in emerging fields like artificial intelligence (AI), blockchain, and biotechnology. This forward-thinking approach encourages innovators in these domains to protect their inventions and contribute to the growth of India’s knowledge-based economy.
💡 Note that new uses of known substances are excluded from patentability in India (especially relevant to pharma companies).
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