Skip to main content

Due in part to its often-ambiguous requirements, Section 8 of India’s Patents Act has become a nightmare for patent owners, explains Pravin Anand.

The 2009 Chemtura decision of the Delhi High Court made Section 8 compliance very stringent. In effect, even if a small communication between the patent office of some remote country regarding an equivalent patent is not reported to the patent office in India, the consequences may prove to be fatal and the patent may be cancelled.

This generated tremendous fear in the minds of patent owners in all industries whether pharmaceutical, information technology, bio-technology, automobiles, mechanical and others. Corporations, associations and academics are all looking at a more practical and realistic approach to Section 8.

This article was published in Asia IP January 2014.

Read more

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Sep 25, 2026

India’s startup ecosystem is becoming increasingly innovation-led, and the country’s intellectual property numbers offer an interesting glimpse into

India’s IP Numbers Tell a Bigger Story  About Startup Founders in India
News & Updates, Thought Leadership
•
Sep 21, 2026

First published by Asialaw. By: Lakshmidevi Somanath The law currently provides creators exclusive rights over their creation for a limited time, which

From Innovation Incentives to Technology Diffusion: Protecting IP Created by Agentic AI
News & Updates, Thought Leadership
•
Sep 21, 2026

First published by Lexology. Authors: Lakshmidevi Somanath and Kanishka Vaish I. INTRODUCTION The analysis of intellectual property licensing has usually

IP Licenses in Hybrid form and Royalty Payments Post-Patent Expiration: Balancing Patent Expiration and Continuing Rights to Trade Secrets and Know-How
News & Updates, Thought Leadership
•
Sep 20, 2026

For a startup founder, a cease and desist notice can arrive at an uncomfortable point in the life of a business: when a brand is gaining recognition, a

Is a Cease and Desist Notice Legally Binding in India: Consequences of an IP Dispute for Startups