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October 14, 2020
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Patent lapsed due to agent error is restored by IPAB

The first administrative encounter in the long road to patent protection is with the Indian Patent Office (the ‘IPO’). Here, the Controller is the key decision-maker in matters of the grant and renewal of patents. Naturally, this decision-making authority, powerful as it is, is also safeguarded through various legal provisions so as to be shielded from abuse. ......
August 10, 2020
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Enablement Requirement (Sufficiency of Disclosure) for ...

Besides the patentability requirements of novelty, inventive step, and being capable of industrial applicability, a patent application must also meet the enablement requirement in order to be granted. A patent application is said to be enabled if the application provides sufficient details that enable a person of ordinary skill in the related field to practice the invention. ......
June 23, 2020
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Fast-Tracked Examination of Patent Applications Filed b...

Recognising that startups can drive sustainable economic growth and generate large scale employment, the Government of India’s ‘Startup India’ Initiative has sought to develop an ecosystem to strengthen such entities. This ecosystem includes policies that reduce regulatory burdens and provide various concessions that make ‘doing business’ easy....
April 23, 2020
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Indian Patent Office opens with limited manpower during...

In view of the order no. 40-3/2020/DM-I(A) of the Ministry of the Home Affairs (MHA), the Office of Controller General of Patents, Designs and Trademark (CGPDTM), has issued a Public Notice on April 20, 2020. According to the notice, all the officers of the rank of Deputy Controller and the above are required attend the office on all working days with immediate effect. ...
November 13, 2019
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IPO’s focus on drug patents part of a larger positive t...

In a world where science and technology evolve at an exponential pace, it is essential that the institutional systems that support the evolution of these industries also keep up with the pace. But the Indian patenting system has been often criticized over the years for its slow and long drawn out processing time. This processing pace naturally affects the quality and quantity of applications as well, and it is possible that foreign innovators or entities may be losing interest in filing for patents in India for this reason....
April 27, 2019
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The Patentability of Substances Occurring in Nature

Patents are granted for inventions that are new, include an inventive step and are capable of industrial application. An element of human contribution and “inventiveness” are required for patentability. The body of scientific knowledge received by any generation is a combination of invention and discovery, but there is a fine line between the two, and the distinction is not always clear. In this note, we examine the patentability of discoveries in Europe, the United States, and India to understand this distinction in the context of “naturally occurring substances”. ...
April 5, 2019
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Patenting Antibodies in India

Over the years, a large number of patents have been granted for antibodies all over the world. The world is also seeing a shift towards biologic based drugs. Most of the top-selling drugs in 2018 were monoclonal antibodies with HUMIRA® leading the list. With the progress in the art and growing case law in this area, the criteria for patentability of antibodies are becoming increasingly strict, with restrictions on the scope of the claims. ...
August 22, 2018
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A blockchain of a proposal: Is the IPO changing?

Sumathi Chandrashekaran of Obhan & Associates looks into the possible implications of a recent tender regarding blockchain, artificial intelligence and machine learning, issued by the IPO. The changes that would come about as a result of these implementations would dramatically improve user experience of the IPO services. Here’s a closer look at what the impact would be at each stage of application and grant....

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").