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
•
Nov 04, 2026

Imagine discovering an Instagram account using your company’s name, a website offering products under a deceptively similar identity, or an AI-generated

Can AI Steal Your Brand Identity? Trademark Squatting and AI Misuse in India
News & Updates, Thought Leadership
•
Nov 02, 2026

First published by AsiaIP. Author: Lakshmidevi Somanath Copyright law has traditionally addressed the asymmetry between the costs of creating a work and

What is Copyright Worth When Machines Do the Creating? Lessons from Streaming and Gaming
News & Updates, Thought Leadership
•
Oct 31, 2026

A startup has developed a new technology, filed a patent application and begun building its product. The filing is an important milestone. But what happens

Your Startup Has Filed a Patent. Now What? The Commercial Value of IP
News & Updates, Thought Leadership
•
Oct 29, 2026

‘First published on Chambers’ By: Lakshmidevi Somanath and Kanishka Vaish Leveraging the Process of Interim Injunction as a Strategic Instrument in

Leveraging the Process of Interim Injunction as a Strategic Instrument in India & U.S. IP Litigation