ASWAL ASSOCIATES- Intellectual Property Law firm India

 Effective June 1, 2026, the Jan Vishwas (Amendment of Provisions) Act, 2026 has introduced significant reforms to Chapter XX of the Patents Act, 1970. These amendments represent a pivotal shift in how India balances patent compliance obligations with ease of doing business. Rather than introducing sweeping new regulations, the amendments refine existing provisions, reflecting a measured approach to modernizing India's patent enforcement landscape while maintaining robust protections for sensitive inventions. This article examines the three primary amendments, their immediate implications, and the strategic considerations they impose on patent stakeholders across India. Part I: The Amendments Explained 1. Semantic Reframing: From Penalties to Punishments The Change: Old Heading: "Penalties" New Heading: "Punishments" What This Means: The decision to replace "Penalties" with "Punishments" is far more than cosmetic nomenclat...

The Delhi High Court has dismissed BlackBerry's long-pending patent appeal, holding that an invention for colour-coding email recipients based on domain names does not constitute a patentable "technical effect" and falls squarely within the exclusion for computer programmes per se under Section 3(k) of the Patents Act, 1970. The Court also upheld the Controller's finding of lack of inventive step in view of three prior art documents. I. Background and the Invention BlackBerry Limited, the Canadian multinational known for its enterprise software and smartphones, filed Indian Patent Application No. 1976/DEL/2008 on 20 August 2008, claiming priority from European Patent Application No. 07117003.9 filed on 21 September 2007. The application was titled "Colour Differentiating a Portion of a Text Message Shown in a Listing on a Handheld Communication Device." The invention addressed a practical problem familiar to smartphone users: on a handheld device wit...

  ABSTRACT Form 27 is a statutory obligation under Section 146(2) of the Patents Act, 1970 requiring every patentee and licensee to file a statement of commercial working of the patented invention in India. With the Patents (Amendment) Rules, 2024 coming into effect from 15 March 2024, the filing frequency has changed from annual to once every three financial years. For most existing patents, the first consolidated deadline under the new regime falls on 30 September 2026. This article explains the legal framework, the revised filing timelines, who must file, what information must be furnished, the consequences of non-compliance (including the revised monetary penalties under the Jan Vishwas Act, 2023), the indicative professional fee structure for filing, and the documentary requirements that practitioners should gather from clients in advance of the deadline. I.   Legal Framework and Purpose Form 27 is not a voluntary disclosure — it is a statutory obligation under S...