SEARCH FOR A SPECIFIC TOPIC
Tags FAQs

Tag: FAQs

December 8, 2022
|

OPPOSING TRADEMARKS IN INDIA

Filing for a trademark and having it examined by the Trade Marks Office is only the first step in the journey towards obtaining a registered trademark. Under Indian Trademark law, once a trademark applied for has been examined for objections pertaining to distinctiveness or similarity with earlier cited marks, the trademark application is advertised in the Trademarks Journal. ......
November 17, 2022
|

Testing a Patent: Opposition and Revocation in India

It is sometimes presumed that the patent application process concludes with the grant of a patent, after it has been successfully prosecuted. Although prosecution examines an application for patentability, its true test arguably comes during the opposition process. ......
September 29, 2022
|

Getting to Grant: Patent Prosecution in India

Patent prosecution is the centerpiece of the process of obtaining a patent. The proceedings during prosecution serve as important legal guidance on the patentability of the invention, and successful prosecution is key to ensuring that patent rights are protected. ......
August 23, 2022
|

Protecting Well-Known Trademarks in India

Under Indian trade mark law, the term “well-known trademark” refers to a mark which has become so well-known to a substantial segment of the public through its extensive and continuous use such that its use in relation to any other goods or services by another party may be taken as indicating a connection between the two parties. ......
August 11, 2022
|

Filing a Trademark in India: Putting together the Appli...

Under Indian trademark law, any person claiming to be the proprietor of a trademark may apply to register the trademark. The trademark may either be in use or proposed to be used. Generally, the person who uses or controls both the use of the trademark and the nature and quality of the goods or services to which it is affixed, is considered the owner of the trademark. ......
July 4, 2022
|

Preparing for Invention Disclosure Meetings: A Guide fo...

You have a new and innovative solution (for example, a product or a method) that solves a problem. You want to apply for a patent covering that solution. To discuss the patent application, you set up an appointment with a drafting patent attorney. ......
June 30, 2022
|

Sequence Listing in Indian Patent Applications

If a patent application discloses any nucleotide or amino acid sequences, the description of the invention must contain a ‘sequence listing’. A sequence listing is a list of biological sequences using defined terms for certain features. This includes descriptive information about each sequence, which is known as annotations. ......
June 27, 2022
|

Filing Trademarks in India: From Application to Renewal...

Trademarks in India are governed by the Trade Marks Act, 1999 (“Act”) and Trademark Rules, 2017. The Act provides the procedure for the registration of any mark capable of being represented graphically as a word, device, label, numerals, or combination of colours, shape or sound, and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier of businesses, products and services. ......
May 26, 2022
|

Timelines in prosecuting an Indian patent

The timelines for completing various tasks or submitting various documents in the patent prosecution process differ depending on which stage a patent application is at. The various timelines involved in the grant of an Indian patent. ......

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.

An Analysis of the Reserve Bank of India’s Master Direction on Regulation of Payment...

On September 15, 2025, the Reserve Bank of India ("RBI") issued the Master Direction on Regulation of Payment Aggregators, 2025 ("Master Direction"), a framework governing both bank and non-bank entities engaged in the business of payment aggregation ("Payment Aggregators" or "PA").

Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...

The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.

Timing it Right: Delhi High Court on Pre-Grant Oppositions in India

What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.

Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2

In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").

Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...

The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").

When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...

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.