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January 21, 2021
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Filing data after applying for an Indian patent: Drafti...

Applying for a patent is a race against time to secure the earliest priority date (i.e., the date of the first filing of a patent application). As a result, patent applications are often filed with accompanying data that do not always capture all the facets of the invention. In such cases, using post-filing data to support the applications is often the only course available. ......
April 21, 2020
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Changes to the Regulatory Framework for Clinical Trials...

The total cost for bringing a new prescription drug to market is about USD 2 to 3 billion (DiMasi et al.). A significant portion of this cost is incurred in conducting clinical trials. The global clinical trials market size is expected to reach USD 69.8 billion by 2027, exhibiting a 5.1% compound annual growth rate (‘CAGR’) during the forecast period. ...
October 14, 2019
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Bolar provision remains standing after Bayer challenge

The Delhi High Court recently adjudicated on the issue of whether generic companies can export patented products for experimental purpose, in an expansive interpretation of Section 107A of the Indian Patents Act, 1970 (the ‘Act’). Section 107A, which relates to what is referred to as ‘the Bolar Provision’, was introduced via the Patents Act (Second Amendment) Bill, 1999. The provision sought to ensure the prompt availability of patented products, particularly generic drugs, immediately after the expiry of the patent term....

Limits of Claim Construction: Preamble vs. Characterising Clauses in Indian Patent Dispute...

Claim construction is an important aspect of infringement analysis. In several jurisdictions, such as the United Kingdom, Germany, and the European Union...

Urgency in IP Suits: No more Pre-Institution Mediation Hurdles in India?

In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution.

The 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...

The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...

When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity

In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...

A Reset of India’s Export Import Rules

To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...

The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration

In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...

Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right

In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...

A Peaceful Atomic Age Dawns: India’s SHANTI Act and the Nuclear Patent Revolution

The Indian Parliament recently passed the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act), laying the groundwork for a...

Draft Labour Rules: A Step Forward Towards Implementation

On December 31, 2025, the Ministry of Labour and Employment ("Ministry") released the draft rules for the implementation of the four labour codes, marking a significant advancement in...

Bottled ‘Pride’: A Trademark Whisky War in India

How far can ‘pride’ go in succeeding in a trademark passing off suit? The Supreme Court of India had occasion to consider this, although not quite literally,...