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September 29, 2022
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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 29, 2022
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Fast Tracking through the Patent Prosecution Highway in...

Patents, like other forms of intellectual property, are jurisdiction specific. In other words, you obtain protection only in those jurisdictions where you have sought protection. The application process is long, and can stretch for months, or even years on end. While the end result, if successful, can be immensely satisfying and rewarding, the prospect of having to repeat this process in other countries can be quite overwhelming. ......
August 2, 2022
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Do scientific publications exempt patent applications f...

One of the three universal requirements for the grant of a patent is that the patent must be for a new invention. The Indian Patents Act, 1970 (the Act) defines a ‘new invention’ in Section 2(l) as ‘any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification. ......
May 17, 2022
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Patenting 3d Bioprinting In India

Tissue or organ replacement is a medical phenomenon that has saved human lives over the decades. With 3D bioprinting, where functional living human tissues and organs can be fabricated using 3D printing technology, the field has charted a new path, acquired more relevance, and provokes many questions, ethical, medical, legal and beyond. ......
February 7, 2022
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Patent Claim Drafting: Two-Part Claims and Claim Charac...

At the heart of a patent application lies its claims. A claim is a signifier of the scope of protection that is sought under the patent. Claims are the first and most important aspect to be examined during prosecution, infringement, and litigation. Every patent application must be accompanied by at least one claim, and usually, an application contains several more. ......
October 11, 2021
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Do reference signs clarify or limit the scope of patent...

Reference signs are used to improve the intelligibility of claims. Sometimes also known as “reference numerals”, they help understand claims in light of the specification and drawings on record. If a patent application contains drawings, the claims can be clarified by establishing a connection between the features mentioned in the claims, corresponding to reference signs in the drawings. ......
September 28, 2021
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Narrowing the Field: Selection Patents and Purposive Se...

Inventions that fall within, or overlap with, disclosures in the prior art are called “selection inventions”. Generally, selection inventions involve the selection of one or more specific embodiments, such as individual elements, subsets, or sub-ranges, within a larger known set or range disclosed in the prior art. This raises critical questions around how the novelty and inventive step of selection patents should be judged. ......
September 10, 2021
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Filing a patent in India: Understanding the three stage...

From filing a patent to its eventual grant, there are various stages that a patent application goes through in India. Patent filing is the primary step an inventor must initiate to protect their invention from being misused. Before a patent is granted, the Indian Patent Office (IPO) meticulously examines it, to ensure that the innovation sought to be patented is novel and involves an inventive step based on specific criteria. ......
October 26, 2020
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New rules on priority filing will make patent applicati...

India has recently notified amendments to its patent rules which are likely to speed up, and significantly reduce the cost of, patent filing for applicants claiming priority from international applications. ......

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.

Navigating Share Transfer Restrictions in Shareholders’ Agreements

Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.

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.

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").