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
May 19, 2026

First published by Asialaw. Authors: Prachi Agarwal and Medha Singh Introduction: Copyright law, particularly in the domain of literary works, grapples

Copyright in Literary Works: When themes converge but expressions diverge
News & Updates, Thought Leadership
May 08, 2026

First published by Asialaw. Authors: Safir Anand and Ritu Bhargava India’s online gaming sector has entered a decisive new phase. With the Government’s

A New Era for Digital Play: India’s Online Gaming Regulator Comes into Force
News & Updates, Thought Leadership
May 06, 2026

First published by Lexology. Authors: Safir Anand and Rashi Chandhoke In recent years, the intellectual property (IP) ecosystem has undergone a significant

India Waives IP Filing Fees for Sports Sector
Thought Leadership
Apr 30, 2026

First published by SpicyIP. By: Lakshmidevi Somanath India’s trademark register is quietly bleeding value. Each year, marks with real commercial recall

Dead Marks, Live Assets – The Case for a Registry Supervised Auction of Lapsed Trademarks in India