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Intellectual Property

Intellectual Property

September 17, 2025
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When “Ok” Becomes “Not Ok”: A cautionary tale of miscom...

An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common....
September 10, 2025
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The Infringer’s Burden in Process Patent Suits in India...

Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met....
September 4, 2025
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Can a Trade Mark be opposed in India before it is Adver...

In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?...
August 26, 2025
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Guide to the 13th Nice Classification (2025-26) for Tra...

The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process....
August 20, 2025
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A Stitch in Time: Quia Timet and Trademarks in India

Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies....
August 12, 2025
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India upgrades its guidelines for computer-related inve...

India's new 2025 CRI Guidelines clarify patentability for computer-related inventions, which will impact applications in cutting edge areas, including AI, ML, and Blockchain technology....
August 7, 2025
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Of informed users and dissected designs: The Delhi High...

What is the standard that decides whether a design is novel or not? The Delhi High Court clarifies that instructed eye or informed user test remains the primary standard in Indian design law....
India's Trademark overhaul: Rules are not enough
July 23, 2025
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India’s Trademark overhaul: Rules are not enough

With India now ranked in the global top 10 for all three major categories of intellectual property rights (patents, designs, and trademarks), according to the World Intellectual Property Indicators (WIPI) ....
Is it too late? Amending patent claims on appeal in India
July 17, 2025
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Is it too late? Amending patent claims on appeal in Ind...

When appealing a Controller's order rejecting a patent, it was long understood that the appeal should be limited to only highlighting defects in the order....