Tag: Indian Patent Act
November 21, 2023
Intellectual Property | Patent
Intellectual Property | Patent
Divisive no longer: Delhi HC clarifies contrary views o...
A Division Bench of the Delhi High Court has brought much-required clarity on filing of divisional applications in India, which at least two different single judge benches of the same court had disagreed upon previously. ......
August 17, 2023
Intellectual Property | Patent
Intellectual Property | Patent
Patenting a ‘mere discovery’ or ‘something altogether n...
When is a new product considered a mere discovery of something that subsists in nature and thus unpatentable, and when is it altogether new or unfamiliar, and thus, worthy of being granted a patent? This is the question that the Delhi High Court tackled in the recent case of Diamond Star Global SDN BHD v Joint Controller of Patents. ......
August 16, 2022
Intellectual Property | Patent
Intellectual Property | Patent
Divisional applications and plurality of invention in I...
The principle of “unity of invention” is near universal to patent law and entails that a single patent application must relate to a single invention or to a group of linked inventions having a ‘single inventive concept’. If the application lacks unity of invention, the applicant may split the original application, and file a “divisional application” seeking protection for the (additional) plurality of inventions. ......
NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...
The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.
Can a Trade Mark be opposed in India before it is Advertised for Opposition?
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?
Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...
In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").
A New Era in Online Gaming Regulation: Introduction to India’s latest Gaming Act
On 20th August, 2025, the Ministry of Electronics and Information Technology (“MeitY”) announced the Promotion and Regulation of Online Gaming Bill, 2025 (“the Act”), a significant legislative milestone which has since received the President’s assent and become an Act.
Guide to the 13th Nice Classification (2025-26) for Trademarks in India
The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process.
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.
May or Shall: A Curious Case of usage in Arbitration Clauses
In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement...
E-Acceptance of Arbitration Agreements: Valid under Law?
The emergence of digital platforms catering to instant communication has transformed the structure and form in which business transactions are negotiated between the parties.
India upgrades its guidelines for computer-related inventions
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.
Of informed users and dissected designs: The Delhi High Court clarifies essentials of desi...
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.
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