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LatestIP And Trademarks 30 October 2026

India Sets Aside Deemed Abandonment of Patent Application

The Indian Intellectual Property Office has overturned a previous decision that deemed a patent application abandoned, citing procedural flaws in the pre‑grant notice process. The ruling clarifies that applicants must receive proper notification before any abandonment can be declared, reinforcing due‑process protections for innovators and preventing premature loss of patent rights.

The Indian patent authority has set aside a *deemed abandonment* ruling after determining that the required pre‑grant notice was not properly issued. This decision emphasizes the need for clear communication before an application can be considered abandoned.

  • Key outcome: Applicants retain their filing rights when procedural notices are missed.
  • Implication: Strengthens due‑process standards and reduces risk of inadvertent loss of patent protection.
  • Next steps: Parties may need to review pending applications for compliance with notice requirements.

For full details, see the original article.

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