Allowing a petition in SP Chockalingam v Controller of Patents & Union of India, a single judge of Madras High Court recently declared the amendment introduced to section 126 of the Patents Act, 1970, by section 67(a) of the Patents (Amendment) Act, 2005, as “illegal, unconstitutional, ultra vires, void and unenforceable”. This paves the way for Indian legal practitioners, who have degrees in science, engineering or technology, to file patent applications.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
