Tag: discovery
March 5, 2021
Intellectual Property | Patent
Intellectual Property | Patent
Gathering evidence in IP suits: The Thin Line between I...
There are several ways in which evidence can be gathered in intellectual property (IP) suits, including through discoveries and cross examinations. Discovery takes place pre-trial, where parties can exchange information regarding the evidence and witnesses to be presented to the court. ......
April 27, 2019
Intellectual Property | Patent
Intellectual Property | Patent
The Patentability of Substances Occurring in Nature
Patents are granted for inventions that are new, include an inventive step and are capable of industrial application. An element of human contribution and “inventiveness” are required for patentability. The body of scientific knowledge received by any generation is a combination of invention and discovery, but there is a fine line between the two, and the distinction is not always clear. In this note, we examine the patentability of discoveries in Europe, the United States, and India to understand this distinction in the context of “naturally occurring substances”. ...
Formulation fight: Amgen case tests patentability of biopharmaceuticals in India
In a high-stakes case, the Madras High Court examines whether Amgen's specific formulation is non-obvious and patentable, and whether the prior art guides...
Implementation of India’s Four Labour Codes: Key Changes and the Road Ahead
On November 21, 2025, the Ministry of Labour and Employment issued notifications operationalizing substantial portions of India's four labour codes...
The Digital Personal Data Protection Rules, 2025: A New Digital Frontier
The Ministry of Information and Technology (“MeitY”) on Thursday, November 13, 2025 notified the Digital Personal Data Protection Rules, 2025 (the “DPDP Rules”), framed under the Digital Personal Data Protection Act, 2023 (the “DPDP Act”).
Indemnity and Limitation of Liability Clauses: Strategic Risk Allocation in Commercial Con...
In the world of commercial contracts, astute risk management is paramount. Among the arsenal of legal tools and safeguards available to parties, the indemnity and limitation...
RBI Opens the Doors to Bank-Funded M&A’s: Boosting Domestic Acquisition Financi...
Recently, the Reserve Bank of India ("RBI") Governor, Mr. Sanjay Malhotra underscored the importance of enabling Indian banks to finance acquisitions by domestic corporates...
Government Sahyog in Tightening Takedowns
In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Intermediary Rules") were notified in furtherance of the Central Government's power to make rules...
Data Clean Rooms: The Future of Privacy-Compliant Data Collaboration
As organisations grapple with increasingly stringent privacy and data protection laws, the concept of the Data Clean Room (“DCR“) has emerged as a transformative solution that enables collaboration without compromising compliance.
The power of transition phrases in Indian patent drafting: the ‘Frimline’ Ruli...
Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco
Representations, Warranties and Covenants: What are the consequences of breach?
Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.
Pharmacyclics Continues the Divisional Applications Debate in India
In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.
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