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October 14, 2025
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Pharmacyclics Continues the Divisional Applications Deb...

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....
October 7, 2025
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Timing it Right: Delhi High Court on Pre-Grant Oppositi...

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....
September 17, 2025
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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....
India’s stance on non-English patent prior art
June 3, 2025
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Lost in translation? India’s stance on non-Englis...

Who bears the burden of translating foreign prior art? Unpack the debate on navigating global innovation, following a recent decision of the Calcutta High Court....
March 28, 2025
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Understanding the Consequences of Negligence in Patent ...

The Controller General of Patents has ordered the removal of a patent agent from its register, following a committee report on his professional misconduct. The report was made following directions from the Delhi High Court in a case where the applicant raised concerns about their agent. ......
February 20, 2025
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India’s Draft Guidelines On AYUSH Keep Traditional Know...

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ......
January 27, 2025
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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. ... ...
January 21, 2025
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Essentially Biological Processes for Production of Plan...

Indian law excludes from patentability ‘essentially biological processes’ under Section 3(j) of the Patents Act, but does not explain what degree of human intervention can shift an invention away from being deemed ‘essentially biological’. A recent decision of the Madras High Court attempts an interpretation of this provision, highlighting also the importance of well reasoned orders from the patent office. ......
January 16, 2025
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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. ......

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.