Section 8: A threat for revocation of Indian patents


Posted on October 9, 2018


Matters of intellectual property are some of the crucial for any business. As the possibility of different businesses coming up with the same idea keeps hanging in the balance, it generally becomes the race of ‘who made it official first’? To connect with the common folks, take the reference of the popular American TV show, The Silicon Valley. There is an instance in the show where the lead of the series comes up with a great invention and later, ends up releasing someone already has a patent of it.
Patents protect exclusive inventions and innovations and give visionaries an anchor to stand strong in the business world without someone else joining the party with the same idea in the same market. In case you didn’t know, just one patent won’t make a business eligible to work on the same or substantially same business in another country. You need to be in keep the Controller informed about the whereabouts of every application relating to the same invention if being filed in any country outside India. Section 8 works along these lines. Let’s have a closer look at the gist of Section 8 and how it is related to Intellectual Property protection.

 

 

Section 8 and revocation of the Indian Patents:

 

 

Section 8 ensures smooth functioning and transparency by following an organized approach towards the protection of patents. The controller holds the power to revoke the patents if the applicant fails to comply with the standards of section 8.

To understand it in simple terms, as long as the applicant’s patent is legal (as not expired), the controller requires the applicant to give updates regarding every detail of the patent. More importantly, if the applicant aims to take patents related to the same invention or an invention substantially the same, beyond India, then the applicant shall provide the Controller with all the particulars required for the processing of the application or to ensure the invention remains exclusive.

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