Tag: Indian Patents Act
September 17, 2025
Intellectual Property | Patent
Intellectual Property | Patent
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
Intellectual Property | Patent
Intellectual Property | Patent
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....
March 7, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Delhi High Court lays down disclosure requirements for ...
The Delhi High Court clarifies that patent applicants must strictly comply with disclosure requirements in drafting complete specifications, and interprets the scope of Sections 3(c), 10(4) and 10(5) of the Patents Act in a recent decision. ......
January 27, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Are plant treatments to be treated as agriculture?: Ind...
The question of whether an invention for a method of treatment of plants is also a method of agriculture or horticulture, and therefore, excluded from patentability, has been laid to rest by multiple decisions of Indian high courts. This note discusses three recent cases from the Delhi and Calcutta High Courts, which discuss the applicability of Sections 3(h) and 3(i), and will significantly impact patent applications in this space. ...
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January 16, 2025
Intellectual Property | Patent
Intellectual Property | Patent
In Perfect Time: When to file divisional applications
Divisional applications must be filed before the parent patent application is granted or rejected, but getting the timing right can be tricky, especially when it is not known as to when the grant or rejection will actually take place. A recent case from the Madras High Court offers insights as to when divisional applications must be filed in different scenarios. ......
July 4, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Shortcuts in patent filing will not work: Bombay HC
Bombay High Court clarifies that patent applicants must provide substantive and complete responses to first examination reports, in order to meet the compliance requirements under Section 21(1) of the Patents Act, and to avoid the application being deemed abandoned. ...
February 3, 2024
Intellectual Property | Patent
Intellectual Property | Patent
Patentability of Graphical User Interfaces in India
Graphical User Interfaces (GUIs) are no longer just basic interfaces; but are an integral component of the user experience. From AI powered chatbots that assist a user, to virtual reality experiences, there have been significant innovations in this field. Globally, the number of patent applications published in the field of GUIs has nearly doubled in the past three years, with over 20,000 published in 2023 alone. ......
February 6, 2023
Intellectual Property | Patent
Intellectual Property | Patent
For Your Attention, Please: Virtual Marking of Patented...
Patent marking entails marking a patented product with its relevant patent number. Proper patent marking can help obtain higher monetary damages in a patent infringement lawsuit, as marking means that infringers cannot claim ignorance of liability. However, if there is no marking, damages are likely to be calculated only from the time of actual notice. ......
February 2, 2023
Intellectual Property | Patent
Intellectual Property | Patent
The IP Stack for Protecting Software in India: Copyrigh...
A key question that confronts participants in any disruptive and innovative industry is that of intellectual property (IP) protection. Software is no exception. Multiple IP routes, e.g., copyrights, patents, and trade secrets, are available for protecting software, but the appropriate choice is not always automatically evident. ......