Tag: patentability
August 25, 2020
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Intellectual Property | Patent
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Intellectual Property | Patent
Medical Devices: Basis of Patenting and Entering in the...
The Indian medical device market is among the top 20 in the world and is expected to reach INR 794.29 billion by the end of 2023. Whilst highly lucrative, this market also presents a highly competitive environment. To stay ahead in the game, therefore, protecting one’s invention and ensuring its timely introduction in the market are key factors. ......
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April 27, 2019
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Intellectual Property | Patent
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Intellectual Property | Patent
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”. ...
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April 5, 2019
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Intellectual Property | Patent
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Intellectual Property | Patent
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. ...
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India’s New Deepfake Regulation: MeitY Notifies Amendments to Information Technology...
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On February 10, 2026, the Ministry of Electronics and Information Technology ("MeitY") notified the Information Technology (Intermediary Guidelines and Digital Media Ethics ...
The Registrar’s “Undo” Button: The Lambretta case and Section 19 of India’s Trademark Act
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Trademark disputes rarely move in straight lines. Sometimes, well before a mark becomes opposition-worthy, disputes around ownership may emerge.
Data Protection as a Closing Condition: Rethinking Risk Allocation in Indian Tech Deals
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Data protection has historically been considered a compliance issue during transactions, which is generally identified during diligence and only tackled after closing ...
Limits of Claim Construction: Preamble vs. Characterising Clauses in Indian Patent Dispute...
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Claim construction is an important aspect of infringement analysis. In several jurisdictions, such as the United Kingdom, Germany, and the European Union...
Urgency in IP Suits: No more Pre-Institution Mediation Hurdles in India?
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In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution.
The 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...
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The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...
When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity
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In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...
A Reset of India’s Export Import Rules
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To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...
The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration
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In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...
Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right
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In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...
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